¶1The plaintiff was entitled to the costs of the circuit in 1838, but he should have applied for them at the next term after the circuit. Having omitted to do so, he must now be content to have them abide the event of the' suit As to the last April circuit, he can demand only the costs of the first day. For aught that appears, on the second day the defendant may have been ready for trial. At all events, the cause was not tried after the first day, by reason of the indisposition of the judge. The plaintiff may take a rule for the costs of the first day of the circuit, but no costs are .allowed to either party on this motion.
2 Wend. 286
Mix v. Brisban
Decided May 15, 1829
New York Supreme Court · decided 1829-05-15
This cause was noticed for trial m April, 1828, at the Genesee circuit. The circuit judge refused to try the cause, because the defendant had given no- ... . tice of an application for a commission to examine witnesses) although- such notice was given after the notice of trial had been served. In April, 1829, the cause was again no- * , , , _ _ „ ticed.
Good law ✅— No negative treatment on recordhow we know
Decided 1829-05-15
How this case has been cited
Cited by 9 later decisions — most recently February 1891
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →