Brett & Bunn against Hood

Brett & Bunn against Hood. If a plaintiff gives notice of motion to set aside a judge’s certificate to stay-proceedings, and do not attend to argue, the defendant will bo allowed costs. In no case will the court hear an argument to set aside a judge’s certificate to stay proceedings on a case made, ut semb. The plaintiffs had, in the last term, recovered a verdict against the defendant, who, on making a case, had obtained the usual certificate to stay proceedings; to set aside which, the plaintiffs gave notice of a motion, but not attending to argue it, Caines, for the defendant, on the last day of term, applied for costs, which were ordered. [MAJORITY] N. B. It was, during this term, intimated by the bench, that they would not hear any argument to set aside a judge’s certificate to stay proceedings on a case made. But see Ryckman v. Parkins, 9 Wend. 470; Case v. Turner, 2 Wend. 627 ; Lyon v. Burtes, 4 Cow. 539.