Fish v. Wright
5 Cow. 269 | N.Y. Sup. Ct. | 1826
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.