Majority
p. 425Brett & Bunn against Hood.
Headnote
If a plaintiff gives notice of motion to set aside a judge’s certificate to stay-proceedings, and do not attend to argue, the defendant will bo allowed costs. In no case will the court hear an argument to set aside a judge’s certificate to stay proceedings on a case made, ut semb.The plaintiffs had, in the last term, recovered a verdict against the defendant, who, on making a case, had obtained the usual certificate to stay proceedings; to set aside which, the plaintiffs gave notice of a motion, but not attending to argue it,
Caines,
for the defendant, on the last day of term, applied for costs, which were ordered.
N. B. It was, during this term, intimated by the bench, that they would not hear any argument to set aside a judge’s certificate to stay proceedings on a case made.[1]
[1] [1] But see Ryckman v. Parkins, 9 Wend. 470 ; Case v. Turner, 2 Wend. 627 ; Lyon v. Burtes, 4 Cow. 539 .