p. 419-1Jackson, ex dem. Dewey, against M’Kinney.
Headnote
Where an Sai^obtrim ed, with to a motion, Which is denied with costs, the costs of tlie opposite party in preparing for trial will be allowed, up to the time of the order to stay being se*"-This cause being noticed for trial, the defendant obtained an order to stay proceedings, with a view to move that all proceedings stay, on the part of the plaintiff, till security for costs in a former cause should be filed, was now made. , ,. lhat motion
D. Russell, for the motion
R. Weston, contra.
having denied it with costs, ordered not only the costs of the motion, but also the plaintiff’s costs of pre
p. 420
paring for trial np to the time of the service of the order tc stay, to be paid by the defendant.[1]
Rule accordingly.
(a) (a) Vid. 1 Cowen, 47; 4 id. 269.