New York Supreme Court, 1879

Kipp v. Delamater

Kipp v. Delamater
New York Supreme Court · Decided November 8, 1879 · Westbrook
58 How. Pr. 183

Counsel

8. L. Magoun, for motion,, Cornelius Esselstyn, for plaintiff,

Kipp v. Delamater

Opinion of the Court

Westbrook, J.

I do not see -how this motion can be granted.

1st. The authorities are against it (6 Abb. N. C., 69). 2d. The proceedings are in rem. against different pieces of property; and there is no reason why one parcel should bear burdens, in the way of costs, which belong to another. 3d. Eights of individual defendants differ, and one defendant should not bear that which belongs to another.

Motion denied.

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