New York Supreme Court, 1812

Jackson ex dem. Rensselaer v. Hogeboom

New York Supreme Court · Decided January 15, 1812

9 Johns. 83

Counsel

Van Buren, contra, read an affidavit of one of the defendants, denying the charge of any offer of violence, and stating that he did not procure the other defendant to threaten any violence; that the cause was noticed for trial at the last circuit in Columbia ; and not being brought on to trial, pursuant to such notice, he moved for judgment as in case of nonsuit., Williams opposed the motion for a nonsuit, on the ground sta„ ted in the affidavit read, in support of the motion for an order for a survey.

Opinion of the Court

Per Curiam.

We have no power to compel the defendants to consent to a survey of their farms. The motion of the plaintiff must, therefore, be denied. We will not, however, compel the plaintiff to enter into the usual stipulation: but, inasmuch as it does not appear, but that the notice for trial might have been countermanded, when it ivas discovered that the survey was insufficient, the plaintiff must pay the costs of the last circuit.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.