Bradt v. Way — 2 Cai. 96

Majority

p. 96

Bradt against Way and Wife.

Headnote

If a canse Be submitted to arbitrators before a circuit, and an application' afterwards made for judgment as in case of nonsuit for not proceeding to trial, the plaintiff will be entitled to costs for resisting the application.

Van Antwerp moved for judgment as in case of non-suit for not proceeding to trial according- to notice.

Van Yeveren read an affidavit stating,

that previous to the circuit, arbitration bonds had been entered into by the parties in the suit, and an award made.

Let the defendant take nothing by his motion, and pay the costs of resisting this application.

Motion denied with costs.

N. B. It seems that whenever the affidavits contra disclosed circumstances that clearly show the application noticed will be ineffectual, costs for resisting will follow the denial.