Russel v. Ball , 1 Cole. & Cai. Cas. 233 ( 1803 )

The court ruled in this cause, that service on the agent of an attorney plaintiff, is as good as in any other suit, and that it need not be personal. ^[1] Also that though unavoidable occurrences may prevent judgment as in case of nonsuit, yet they will not, separately considered, excuse from payment of costs; for the misfortune of the plaintiff ought to be borne by himself, and not work a prejudice to the defendant. See ante, 22.

[1] See New York Code of Procedure, ». 1Ay t-j.