Brooks v. Hunt ( 1805 )

Per curiam.

The defendant had a right to move, and therefore, t^10US^ we ^eny bis motion, it must be on payment of costs ; but, from the circumstances of the case, the plaintiff is excuse» from stipulating.

NEW-YORK, May, 1805.

Thompson, J.

I do not think this according to practice. The cause was long enough at issue to allow of a notice, and he ought therefore to stipulate.

*⅞* It was said by the bench, that in all cases the period within which costs are to be paid, is twenty days.