# Jackson v. Mann

> New York Supreme Court · August 15, 1803 · 1 Cai. Cas. 123

URL: https://www.frixlaw.com/law-library/cases/5463090

## Case

- **Full name:** Jackson against Mann
- **Court:** New York Supreme Court
- **Decided:** August 15, 1803
- **Citations:** 1 Cai. Cas. 123; 1 Cole. & Cai. Cas. 199
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5463090

## Opinion text

Per Curiam.
The only question here is, who shall pay the expense. The plaintiff must certainly bear the charges of his own countermand; that and the notice are equally his acts; the expenses therefore incurred after notice, always fall to him, when he countermands. The judgment of nonsuit must, therefore, be refused, but the plaintiff to pay the defendant the costs of subpoenaing his witnesses prior to the countermand. [1]
On payment of costs up to the countermand,
Motion denied.
Radcliff and Livingston, Justices, absent.
See 2 Rev. Stat. 618, sec. 36; Keys v. Beardsley, 18 J. R. 135; 2 Wend. 241 ; 1 Id. 97; Jackson v. Brown, 1 Cai. R. 484 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5463090. Public record. Not legal advice.