General
Jackson, ex dem. Rowan, against Johnson
7 Cow. 419-1·New York Supreme Court·1827·NY
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Opinion
Jackson, ex dem. Rowan, against Johnson.
UTICA,
August, 1827
Where anew trial is granted „n the piaintiff’s motion, he must take no-of k and proceed, to trial without notice fendant^ifhe do not, he maybe nonsuited. A party ob-right to wait for notice of it from the adverse party.
A. Hackley, for the defendant,
moved for judgment as . „ in case of nonsuit.
*D. Russell, contra,
objected that a new trial had been once granted on the part of the plaintiff: and that he i t • „ . , , not had notice of the rule. That fact should be shown before this motion can be made. (Jackson v. Wilson, 9 John. 265.)
Hackley
said that was the case of a motion for a new trial made by the defendant.
[MAJORITY — Curia.]
Curia.
It does not apply for that reason. A party who obtains a rule must take notice of it. There is no propriety in his waiting for a notice from the adverse party.
Motion granted.