General
Elijah Ranney v. Joseph Crary
1 Cole. & Cai. Cas. 465·New York Supreme Court·1805·NY
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Opinion
Elijah Ranney v. Joseph Crary.
IN a former term, this cause had, after joinder in error, been brought up for argument, but the court observing that the justice had made no return to the certiorari attached to the papers, directed a rule, ordering one by the first day of the next term. Before a service of this could be effected, the justice had quitted the state, and had never returned within it.
Breese, for the defendant,
now moved to nonpross the writ, and have his costs allowed;
[MAJORITY — Per Curiam.]
Per Curiam.
Why did you join in error? Your costs are of your own seeking, and without any fault in the plaintiff. You may sue out execution on your judgment below; but the plaintiff must have liberty to discontinue without costs.