New York Supreme Court, 1828

Jackson, ex dem. v. Van Antwerp

New York Supreme Court · Decided October 15, 1828 · Sutherland

1 Wend. 295

Counsel

E. S. Lee, for plaintiff., F. M. Haight, contra.

Opinion of the Court

By the Court,

Sutherland, J.

The party in interest is liable for the costs. Take a rule that James Wadsworth pay the same, or that he shew cause by the first day of the next term, why an attachment should not issue against him.

Motion granted.*

Parties in interest suing in the names of others, have uniformly been adjudged to pay costs. (20 Johns. R. 475. 2 Cowen, 460. 5 Cowen, 17.)

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