General
Cannon, manucaptor, ads. Cathcart
1 Cole. Cas. 80·New York Supreme Court·1799·NY
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Opinion
OCTOBER TERM, 1799.
Cannon, manucaptor, ads. Cathcart.
IN January Term. laft the defendant as fpeciai Bail was relieved, and an exoneretur was ordered to be entered, on payment of cofts. The cofts not having been paid, the proceedings went on ■ and now it was moved by Burr to have him relieved, on the ground that cofts never having been demanded, or a bill exhibited, there was no negleft on the part of the defendant in not having paid them.
[MAJORITY — Per Curiam.]
Per Curiam.
The difeharge ordered at laft January Term was conditional, and it was the duty of defendant to have paid the cofts to plaintiff, without waiting for a demand, or the tender of a bill. If he is relieved now, it muft be on payment in- Jlanter of the coils ordered laft January Term, and alfo the coils of the fubfequent proceedings, including the coils of refiíting this application.
Let him take the effe£l of his motion on thofc conditions. , f jgfr;basofc+i/s, ¿ off*" fi, '