Majority
p. 5Dayton vs. Vincent.
Headnote
Plaintiff must stipulate and pay the costs, where the defendant has a rule to that effect, before he can properly notice the cause for trial.Motion for an order directing the clerk of the circuit New York [7 to strike this cause from the calendar, and for a perpetual stay of proceedings on pari of plaintiff'.—Facts on both sides the same as in the last cause, the cause having been noticed for trial by plaintiff’s attorney.
Geo. A. Shufelt, Defts Atty. S. B. Noble, Plffs Atty.
Decision.—That the motion be granted unless plaintiff in twenty days pay to defendant or his attorney, the costs defendant is entitled to under the order of 6th August, and costs of all subsequent proceedings and also $10 costs of this motion.