New York Supreme Court, 1798

Wimple v. M'Dougal

Wimple v. M'Dougal
New York Supreme Court · Decided April 15, 1798
1 Cole. & Cai. Cas. 55; 1 Cole. Cas. 49

Counsel

Graham, contra.

Wimple v. M'Dougal

Opinion of the Court

Per Curiam.

In the case of Quackenbos v. Dennis, it was so ordered, and that is to be considered as a precedent to govern. But it is reasonable that the defendant should be permitted to relinquish his defence, if he chuses to do so, as the introduction of a new party may vary his situation. Let him elect, by Friday next, to abide by or relinquish his plea; and if he relinquishes it, the plaintiff must pay all the. costs accrued up to that day.

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