Townsend v. Cowen

By the Court,

It is well settled that either party may notice for trial an issue on error in fact. 2 Saund. 336, n. 4. Dennis v. Dennis, 2 Archb. Pr. 240. 244. 2 Tidd, 1122. There is nothing in the suggestion that our statute, 2 R. S. 423, § 81, 82, has altered the practice in this respect, for it is but a copy of 14 Geo. 2, ch. 17. But under our practice, 18 Wendell, 519, and n., the defendant is entitled to the costs of the circuit and of this motion.

Ordered accordingly.