4 Cow. 548
Decided August 15, 1825
New York Supreme Court · decided 1825-08-15
^'HE Common Pleas of Erie county had, on mo ■ tion, set aside a capias ad respondendum, at the suit of R°ot; against M. K. St. John, administratrix, &c. on the ' ground that more than one term intervened between the _ _ test and return; and now, on an affidavit of this fact, and notice of the motion served on the attorneys of Mrs. S. John, in the Court below, A motion was made for a mandamus to compel the Judges of that Court to vacate the rule, which this Court . , were…
Cited by 1 later decisions — most recently June 1854
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1825-08-15
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¶1The general practice, on denying motions of this kind, has been not to give costs, especially where the motion is merely ex parte. But where notice of the motion is given to the adverse party, which he opposes rightfully, as in this instance, and the law is plain against the relator, we see no reason why costs should not follow the denial. Such is the present case. The Common Pleas decided according to a known and well settled rule of practice.
¶2Motion denied with costs