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Provost v. Johnson

12 Wend. 289 Court N.Y. Sup. Ct. Decision date 1835-03-19 English

Delivered by Nelson, J.

Contents

Majority

p. 289
Provost vs. Johnson and others.

Headnote

On receiving a cassetur billa vel crece, a defendant may at the next term file the same, and enter a rule in the common rule book for judgment for costs.
After a plea in abatement in this cause, the plaintiff served the defendants’ attorney with a cassetur billa, who at the next term filed the same, and entered a rule in in the common rule book for judgment for costs. The plaintiff moved to set aside such judgment.
March 19.

By the Court,

The defendants in this case are entitled to recover costs, 2 R. S. 615, § 16, and I see no objection to the practice adopted by the defendants. A motion in open court for leave to enter judgment for costs would have been a matter of form, and would have created unnecessary expense. The motion to set aside the judgment is denied.[1]

* Decided at special term, commencing 7th February.