2 Cai. Cas. 96
Decided August 15, 1804
New York Supreme Court · decided 1804-08-15
Van Antwerp moved for judgment as in case of non-suit for not proceeding to trial according- to notice. that previous to the circuit, arbitration bonds had been entered into by the parties in the suit, and an award made.
Decided 1804-08-15
¶1Let the defendant take nothing by his motion, and pay the costs of resisting this application.
¶2Motion denied with costs.
¶3N. B. It seems that whenever the affidavits contra disclosed circumstances that clearly show the application noticed will be ineffectual, costs for resisting will follow the denial.