Fish v. Wright

5 Cow. 269 | N.Y. Sup. Ct. | 1826

Curia.

We think this question comes within the decisions of this court, in the case cited, and other cases, where orders to stay, with a view to the change of venue are obtained, after the cause is noticed for trial. The defendant may take the effect of his motion; but this must be on payment of the costs of the notice, and preparation for trial, to the time when the order was served.

Rule accordingly.

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