12 Wend. 289
Decided March 19, 1835
New York Supreme Court · decided 1835-03-19
After a plea in abatement in this cause, the plaintiff served the defendants’ attorney with a cassetur billa, who at the next term filed the same, and entered a rule in in the common rule book for judgment for costs. The plaintiff moved to set aside such judgment.
Cited by 1 later decisions — most recently April 1845
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1835-03-19
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¶1By the Court,
¶2The defendants in this case are entitled to recover costs, 2 R. S. 615, § 16, and I see no objection to the practice adopted by the defendants. A motion in open court for leave to enter judgment for costs would have been a matter of form, and would have created unnecessary expense. The motion to set aside the judgment is denied.
¶3 Decided at special term, commencing 7th February.