# Ludlow v. Hackett

> New York Supreme Court · August 15, 1820 · 18 Johns. 252

URL: https://www.frixlaw.com/law-library/cases/5474326

## Case

- **Full name:** Ludlow against Hackett
- **Court:** New York Supreme Court
- **Decided:** August 15, 1820
- **Citations:** 18 Johns. 252
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 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/5474326

## Opinion text

Per Curiam.
In Heffernan v. Brown, we decided, at the last term, that where a defendant obtains a discharge under the act giving relief in cases of imprisonment, the plaintiff might discontinue his suit without costs, in the same manner as if the defendant had been discharged from all his debts under the insolvent act. If the plaintiff, knowing of the defendant’s discharge, will, nevertheless, go on with the suit, he must, if he afterwards discontinues, pay costs. Let the plaintiff have leave to discontinue his suit on payment of the costs of suit since the defendant obtained his discharge under the late act, and up to the time of the entry of the rule for a discontinuance, exclusive of the costs of the application made at the last term.
Rule accordingly.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5474326. Public record. Not legal advice.