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Jackson ex dem. Kemp v. Parker

1 Cole. & Cai. Cas. 427 Court N.Y. Sup. Ct. English

Contents

Majority

p. 427
Jackson, ex dem. Kemp and others, v. Parker and Brewster.

Headnote

CAINES applied for a rule, ordering the plaintiff* who had obtained a verdict, to malee up the record xyithin a given time, or that the defendant have leave
p. 428
to do it for him, as the verdict was complete evidence for the defendant, in a suit in chancery, between the same parties.
Smith
resisted the application, because the defendant had never requested it to be done.

Take your rule, allowing twenty days[1] for the plaintiff to make up the record and car? ry in the roll, but without costs on either side. Not to the defendant, because he ought to have made a request to the plaintiff before notice of application to the court, and we refuse them to the plaintiff, be? cause he ought not to have come here to resist.

* Kettletas v. North, ante, p. 54. four days allowed.