Kirby v. Cogswell , 1 Cole. & Cai. Cas. 320 ( 1804 )


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  • Per curiam,

    The queftion is, as to the operation of a certificate of probable caufe to ftay proceedings. The 4th rule of January, 1799, fettles, that, at the time of fervice of the order, it muft be accompanied with a notice of motion. The right of the oppofite party to notice for argument, does not take away the neceility of notice, for the mere certificate it-

    *507felf is no flay. The defendant, therefore, can take nothing

    by his motion, and mv.it pay the coils of the prefent appli-

    cation.

Document Info

Citation Numbers: 1 Cai. Cas. 505, 1 Cole. & Cai. Cas. 320

Filed Date: 2/15/1804

Precedential Status: Precedential

Modified Date: 1/12/2023