New York Supreme Court, 1827

Wilson v. White

Wilson v. White
New York Supreme Court · Decided October 15, 1827
7 Cow. 477

Counsel

J. H. Bronson, for the motion., J. Butterfield, contra.

Wilson v. White

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

The Court

denied 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.

Motion denied with costs.

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