Dill v. Wood

Decided April 15, 1800

New York Supreme Court · decided 1800-04-15

<p>Costs were granted for not proceeding to trial according to notice, though the ' defendant’s objectionto the jury process was the reason why the cause was not brought on, the defect in the process being the consequence of a mistake of the plaintiff’s attorney.</p>

Decided 1800-04-15

Per Curiam.

¶1The defect of the jury process was owing to the mistake of the plaintiff’s attorney, and the defendant was under no obligation to come to trialon- such process, nor had the plaintiff any right to require it of him. The defendant- must take his rule.

¶2Rule granted.