Wilson v. White

Decided October 15, 1827

New York Supreme Court · decided 1827-10-15

This cause being referred, the referees reported in favor of-the plaintiff, to about $1500 ; and on the ground that ^ rePort was wrong, except as to about $300, a motion was pending to set it aside upon the merits. With a view that motion, the defendant had obtained a commissioner’s order to stay the plaintiff’s proceedings, “ till the further order of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1827-10-15

How this case has been cited

Cited by 3 later decisions — most recently February 1926

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court

¶1denied the motion, saying it was without pre* cedent ■ and that the circumstances of every party upon the calendar against whom a verdict or report had been ob-. tained, might as well be revised in the same way. We do not allow judgment to go as security, on an affirmative motion against a party, who comes regularly upon the calendar to set aside a verdict or report, on the merits. This is done only where he applies for leave to move upon terms; not right. In all such cases we have power, as one of the terms, if we see that the plaintiff’s safety demands it, to require a condition that judgment or execution should go as security. This is not that case.

¶2Motion denied with costs.