Campbell v. Grove

Decided October 15, 1800

New York Supreme Court · decided 1800-10-15

Ten Broece moved to set aside the proceedings on the bail-bond in. this cause, on the ground that the plaintiff had settled with the defendant in the original cause, before the commencement of this suit, and had directed the attorney to slay proceedings, but who had, notwithstanding, proceeded.

Decided 1800-10-15

Per Curiam.

¶1The defendant must take nothing by his motion. The attorney had no other way of compelling the payment of his costs, than by the suit on the bail-bond. Besides, the defendant has suffered such a length of time to elapse, that we would not now relieve, if there had been originally just grounds for such interference.

¶2Rule refused.(a)

¶3(a) Grah.Prac. 2d ed. 678. Bergen et al. v. Boerum,2 Caines, 256. Clark v. Frost, 3 id. 125. Wilcox v. Howland, 6 Cowen. 576.