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1 Wend. 34

McGlade v. Wheaton

New York Supreme Court

Decided May 15, 1828

New York Supreme Court · decided 1828-05-15

<p>a defendant is not trying a cause, unless the defendant has obtained discharge. The poverty of</p>

Decided 1828-05-15

¶1By the Court,

Savage, C. J.

¶2The excuse is insufficient, and the motion must be granted, unless the plaintiff stipulates to try the cause at the next circuit, and pays costs of this motion. The poverty of the defendant will not relieve the plaintiff from stipulating, unless the defendant has asked for and obtained a discharge under the insolvent laios; in which case, the plaintiff is allowed to discontinue without costs, otherwise not.

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