Kirby v. Cogswell

The queftion is, as to the operation of a certificate of probable caufe to ftay proceedings. The 4th rule of January, 1799, fettles, that, at the time of fervice of the order, it muft be accompanied with a notice of motion. The right of the oppofite party to notice for argument, does not take away the neceility of notice, for the mere certificate it-

*507felf is no flay. The defendant, therefore, can take nothing

by his motion, and mv.it pay the coils of the prefent appli-

cation.