3 Edw. Ch. 413
Decided June 18, 1840
New York Court of Chancery · decided 1840-06-18
The bill had been dismissed, with costs and the defendants issued a ca. sa. They were taxed; The question (submitted) was, whether the parties issuing the writ were entitled to a ca. sa. for the costs 1
Cited by 1 later decisions — most recently April 1884
1 state decisions
Relies on Ex parte Beatty
Good law ✅— No negative treatment on recordhow we know
Decided 1840-06-18
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¶1I am of opinion, after looking into the bill and at Ex parte Beatty, 12 Wend. 229, (the latter giving a construction to the non-imprisonment act,) that this case comes within such act; and, consequently, that the complainant is not liable to a ca. sa. for the costs of the suit.
¶2Order, to set aside the writ.