Public-domain · open source
OpenJurist

3 Cai. Cas. 135

Witmore v. Russel

New York Supreme Court

Decided August 15, 1805

New York Supreme Court · decided 1805-08-15

ON an application for judgment, as in case of nonsuit, the defendant wished to include, in the costs now ordered to be paid, on stipulating, those taxed on a former stipulation, given without motion, but not entered with the clerk.

Decided 1805-08-15

Per curiam.

¶1You should have filed your stipulation, entered a rule nisi for judgment, served a certified copy of the rule, with a taxed bill of costs, and made a demand of pay*136ment. You can take nothing by your motion unless you account for the not doing so.

¶2N. B. This being done, the defendant obtained his costs* but the plaintiff had leave to stipulate again.

/3/caicas/135 · .json · Public domain