Smith v. Van Patten ( 1846 )

Bronson, Chief Justice.

The defendant has precluded himself from making this motion, by giving an indorsed note for the amount of the judgment, under an agreement which gives the plaintiffs an absolute right to the note in the event that the April motion should be denied. Although this is, in some respects, a hard case, we can give no relief.

Motion denied with $7 costs.