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8 N.J.L. 331

Anonymous

Supreme Court of New Jersey

Decided February 15, 1826

Supreme Court of New Jersey · decided 1826-02-15

IN EJECTMENT. Judgment of nonpros, having been ordered because the lessor of the plaintiff refused to join in the consent rule, Vanarsclale for the tenant, moved for a rule on the lessor to pay costs. He urged the reasonableness of the claim and read the case of Jackson v. Stiles, 1 Cowen, 166. He admitted that he knew no instance here in which such rule had been made nor did he know any case in which it had been refused .after argument.

Decided 1826-02-15

By the Court.

¶1Inasmuch as costs are not allowed by the English practice, and have not so far as wo know or can *332learn been in any case allowed in this court, we are not. warranted in granting the rule, however reasonable we may think the demand, The principle on which the costs were-ordered by the Supreme Court of New York, a practice-which had long prevailed, forbids them here.

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