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Jackson, ex dem. v. Van Antwerp

1 Wend. 295 Court N.Y. Sup. Ct. English

Delivered by Sutherland, J.

Contents

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p. 295
Jackson, ex dem. Martin and others, vs. Van Antwerp.

Headnote

A party in in-in^asuímthe be°oi" dared to pay *u?fCOl5tsof the
Motion that landlord pay costs. This suit was defended by James Wadsworth, in the name of the defendant, his tenant. The plaintiff succeeded; and now, on shewing a return of nulla bona on a fi. fa. issued against the defendant for the costs of the suit, and the poverty of the defendant, a rule was asked for, that the landlord pay the costs.
E. S. Lee, for plaintiff.
F. M. Haight, contra.

By the Court,

The party in interest is liable for the costs. Take a rule that James Wadsworth pay the same, or that he shew cause by the first day of the next term, why an attachment should not issue against him.

Motion granted.[1]

* Parties in interest suing in the names of others, have uniformly been adjudged to pay costs. (20 Johns. R. 475. 2 Cowen, 460. 5 Cowen, 17.)