Bates v. Jaines

8 N.Y. Super. Ct. 668 1 Duer 668 Court N.Y. Super. Ct. English

Contents

Majority

p. 668

Bates v. Jaines.

February, 1853

Headnote

A notice of a motion cannot be so countermanded by the party who has given it, as to deprive the opposite party of the right of attending on the day specified and having the motion dismissed with costs.

p. 669

Mott and Cary, attorneys for plaintiff.

Genet, attorney for defendant.

This was so decided by Dube, J, at Chambers, and the decision was approved by the other judges upon consultation.