Smith v. Sutts
2 Johns. 9
N.Y. Sup. Ct.1806Check TreatmentThére being a default of jurors, the plaintiÉT below, required a.venire de novo; the justice declined granting it, and nonsuited the plaintiff, on the ground of his default in not paying a tales de circumstantibus, and also adjudged costs against'him. The non-suit was compulsory, and the plaintiff below is aggrieved by the costs. If a party be nonsuited, and a judgment be given against him for costs, error lies. The' judgment must be reversed.
Judgment reversed,.