¶1The defendant made a mistake in the original action, by putting in bail in a plea of trespass on the case, when it should have been trespass. After receiving notice of bail, and without advising the defendant of his error, the plaintiff took an assignment of *the bail bond, and commenced this action. This was pretty sharp practice; but still, I think the defendant must pay the costs in the bail bond suit on setting aside the pro*248ceedings in that action. No costs will be given on this motion. Ordered, that all of the plaintiff’s proceedings in this suit be set aside, on defendant’s paying the costs of the same, and putting in and perfecting bail in the original action.
2 How. Pr. 246
Travis v. Hill
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by defendant to set aside the proceedings in this cause, as irregular. This was a motion to set aside the proceedings of the plaintiff in this cause, which was brought on a bail bond given in a suit, entitled “ Supreme Court, Stephen D. Travis agt. Addison Hill,” for irregularity or for relief on terms.
Decided 1846-09-15