Southerland v. Sheffield
2 Wend. 293
N.Y. Sup. Ct.
1829
Check Treatment
By the Court, Savage, C. J.

The proceedings must be set aside, with costs to be paid by the plaintiff. The defendant was not bound to pay the costs ordered by the rule of February term until they were taxed ; and the justification at the time and place appointed, although before an officer other than the one named in the notice, was good, especially as there is no allegation of the plaintiff having been misled.

Motion granted.