The defendant must take nothing by his motion. The attorney had no other way of compelling the payment of his costs, than by the suit on the bail-bond. Besides, the defendant has suffered such a length of time to elapse, that we would not now relieve, if there had been originally just grounds for such interference.
Rule refused.(a)
(a) Grah.Prac. 2d ed. 678. Bergen et al. v. Boerum,2 Caines, 256. Clark v. Frost, 3 id. 125. Wilcox v. Howland, 6 Cowen. 576.