New York Supreme Court January 15, 1815 (Oothout v. Rooth)

Per Curiam.

, Lhe proviso is unusual m notices, but is implied in every notice of this kind. If it should happen that no interlocutory judgment should be obtained, and no notice of the fact should be given, the party who gave such notice, would be liable to costs. The words in the notice might be rejected as surplusage. We do not think it a sufficient ground for setting aside the proceedings.