# Fifield v. Brown

> New York Supreme Court · February 15, 1824 · 2 Cow. 503

URL: https://www.frixlaw.com/law-library/cases/5464114

## Case

- **Full name:** Fifield, Survivor, &c. against Brown and others
- **Court:** New York Supreme Court
- **Decided:** February 15, 1824
- **Citations:** 2 Cow. 503
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5464114

## Opinion text

Curia.
The rule to discontinue was irregular. It is not of course to enter a rule to discontinue without costs, on receiving a plea of the defendants’ discharge under the insolvent act. This can be done only upon special motion, and under circumstances to be shown on affidavit and approved by the Court. We should grant the motion, therefore, as applied for, but it comes too late. Judgment is perfected. Where an issue is joined in a cause, a motion to stay proceedings for non-payment of the costs of a former action, may be made before trial in the second. (Cuyler v. *504 Vandcrwerk, 1 John. Cas. 247.) But clearly, it cannot he ma(je after judgment.
Motion denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5464114. Public record. Not legal advice.