The Law of Costs in New York /by George E. Milliman ..

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Civ.
Y. 355, 40 How. Pr. 180. Proo. Eep. 41.
"Staiger v. Scliultz, 3 Keyes, 614; "-^Gole v. Rose, 65 How. Pr. 520; Hart V. Storey, 1 Johns. 143; Uer- Gale v. Wells, 7 How. Pr. 191; Por- ohants' Bank v. Moore, 2 Johns. 294; icr v. Jones, 7 How. Pr. 192.
Honeywell v. Burns, 8 Cow. 121. ^Wellington, v. Olasson, 9 Abb. Pr.
^Mart V. Storey, 1 Johns. 143; 175, 18 How. Pr. 10; Ex parte Xel- Merchants' Bank v. Moore, 2 Johns, son, 1 Cow. 417; Van Buren v. Fort, 294; Case v. Belknap, 5 Cow. 422; 4 Wend.
... 209; Vuyler v. Coats, 10 Lafron v. Woram, 5 Kill, 373; Park How. Pr. 141.
V. Moore, 4 Hill, 592. '"Butler v. Morris, 1 Bosw. 329.
"Ludloiv V. Backett, 18 Johns. '^Lochlin v. Casler, 52 How. Pr.
252; Merritt v. Arden, 1 Wend. 91; -28.
St. John V. Hart, 16 How. Pr. 192; -"Xational Wall Paper Co. v. Szer- Smith V. Skinner, 1 ITow. Pr. 122. Up, 9 App. Div. 206, 41 Supp. 376.
'^Ludington v. Bell, 13 Jones & S.
513.
COSTS UPOIT A DISCOKTIBTUANOE. 8.1 member of a firm against which, an action is brought, but the mistake is discovered before the papers are served upon, him, but he appears in the action and denies that he is a member of the firm f^ or where an executor brings a wrong action by mis- take;*^ or where the defendant is sued as a trustee and he had resigned the day before the service of the summons but concealed that fact.»2 A plaintiff has been allowed to discontinue an action without •costs when he had commenced the action under the mistaken impression that under a stipulation between the parties he could introduce upon the trial as evidence certain depositions taken in .another action.


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