Woods v. Hartshorn

Decided February 15, 1846

New York Supreme Court · decided 1846-02-15

Motion by defendant for judgment as in case of non-suit. Defendant moved on the usual affidavit. Plaintiff’s attorney opposed, on the ground that the cause was not at issue ; he stated that the name of the plaintiff’s attorney and residence, to wit, “Auburn, JST.

Decided 1846-02-15

Bbonson, Chief Justice.

¶1Denied the motion with costs, without prejudice, on the ground that there was postage charged on the letter to plaintiff’s attorney, from Skaneatelas to Auburn.

¶2Three other causes, same plaintiffs and different defendants, decided on the same ground.