4 Cow. 357
Decided May 15, 1825
New York Supreme Court · decided 1825-05-15
J. Hooker, moved for an attachment for the non-payment of costs. He produced a rule by which a motion made by the party against whom he moved was denied, but the rule did not say with costs. He relied on Jackson v, Gayer, Cowen’s Rep. 484,) that where a motion is denied, costs follow of course, unless the contrary be expressed. .
Decided 1825-05-15
¶1That rule is merely directory to the clerk, that unless we express the contrary, he should enter the rule with costs. If this was the fact, you should have seen to it, that the rule was entered correctly. It should contain an express order to pay the costs, to bring the party into contempt.
¶2Motion denied.