Baker v. Ashley , 15 Johns. 536 ( 1818 )

Per Curiam.

The general rule of November term, 1808, requires, that a copy of the affidavit of defence should, also, be served on the plaintiffs attorney, in order to excuse the defendant from paying costs, in case the inquest is set aside ; and it was so decided in Cannon v. Titus. (5 Johns. Rep. 355.) The motion is granted, but it must he on the payment of costs.

Motion granted.