Howard & Ryckman v. McKnight
25 Wend. 688 | N.Y. Sup. Ct. | 1841
By the Court,
The motion is irregular. The defendant should have demanded the costs as taxed, and if not paid, might have made this motion. 6 Wendell, 522. Unless the plaintiffs, however, pay the amount of the taxed bill, deduciing the costs of opposing this motion, let judgment as in case of nonsuit, be entered.
Ordered accordingly.