Shaw v. Wallace

Decided September Term, 1792.

Supreme Court of the United States · decided 1792-09

THIS cause was set down for trial; but was afterwards continued by the plaintiff. The defendant’s attorney, prayed a rule might be granted for security for costs, the plaintiff residing in New-York. Moylan, objected, that the motion came too late, after the cause had been marked for trial.

Cited by 3 later decisions (1 by the Supreme Court) — most recently May 1896

Relies on Shaw v. Wallace

Good law ✅— No negative treatment on recordhow we know

Decided 1792-09

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¶1THIS cause was set down for trial; but was afterwards continued by the plaintiff. The defendant’s attorney, prayed a rule might be granted for security for costs, the *180plaintiff residing in New-York. Moylan, objected, that the motion came too late, after the cause had been marked for trial.

¶2But,

¶3By the Court :

¶4—It is never too late to grant the rule, when it will not delay the trial.

¶5Rule granted.