6 Wend. 521
Decided February 17, 1831
New York Supreme Court · decided 1831-02-17
The plaintiff having failed to bring on his cause to trial pursuant to notice, delivered a stipulation to try at the next circuit, and to pay the defendant’s costs. The costs were taxed and demanded, and not being paid, the defendant moved for judgment as in case of nonsuit.
Decided 1831-02-17
¶1By the Court,
¶2The defendant has proceeded correctly; the costs not being paid when demanded, he has a right to apply for judgment as in case of nonsuit. Rule 42. The defendant is entitled to judgment, unless the costs due under the stipulation, together with the costs of this motion, be paid within ten days.