Hiscox v. New Yorker Staats Zeitung
New York Court of Common Pleas
Actions by Harry W. Hiscox against the New Yorker Staats Zeitung and against Oswald Ottendorfer for libel. An order was made consolidating the two actions. Defendants thereupon made an offer of judgment, with costs, which was accepted by plaintiff, and the costs taxed. Both parties now move for a re-taxation of the costs.
1Opinion of the CourtGiegebich, J.
This action is the result of the consolidation of two actions against the Staats Zeitung and Mr. Ottendorfer, respectively. The Ottendorfer Case was commenced first, and the plaintiff afterwards brought suit against the newspaper. Both actions were brought for the “same libel, published in the aforementioned newspaper. Issue was joined in the Staats Zeitung Case, which was placed on the calendar, and a notice of trial was served. Issue was joined in the case against Mr. Ottendorfer, and a notice of trial was served, but the cause was not put upon the *683calendar. On February 9, 1893, an order…
2Cases cited5 opinions
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- Brewster v. StewartNew York Supreme Court · 1830
- Earl v. LeffertsNew York Supreme Court · 1800
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- German Exch. Bank v. KroderNew York Court of Common Pleas · 1895
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