Purchase v. Bellows
The Superior Court of New York City
Appeal from an order denying a motion to set off certain costs against judgment in the action. In this action, which was brought by John Purchase against George F. Bellows, the defendant prevailed and had judgment for his costs, $606.42. After the return of an execution against property unsatisfied, the defendant issued an execution against the person, which on motion was set aside.
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Appeal from an order denying a motion to set off certain costs against judgment in the action. In this action, which was brought by John Purchase against George F. Bellows, the defendant prevailed and had judgment for his costs, $606.42. After the return of an execution against property unsatisfied, the defendant issued an execution against the person, which on motion was set aside. (The decision is reported 14 Ante, 357.) The order setting aside the execution was affirmed at general term, and costs of appeal awarded to the plaintiff The defendant moved to set off such costs against the…
1Opinion of the CourtRobertson, J.
This is an application to set off a judgment at special term, for costs in favor of the defendant, against one for costs at general term in favor of the plaintiff, claimed by his attorneys. The Court of Errors held, in the case of Nicoll a. *106Nicoll (16 Wend., 446), that upon a hill in equity or action at law to obtain a set-off, the attorney’s lien cannot be regarded, but on motion it may. The same doctrine is recognized in Martin a. Kanouse (9 Abbotts’ Pr., 370; S. C., 17 How. Pr., 146), and in Ainslie a. Boynton (2 Barb., 258). This court has held, that on a motion for a set-off, each case…
2Cases cited4 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Ainslie v. BoyntonNew York Supreme Court · 1848
- Martin v. KanouseNew York Supreme Court · 1859
- Crocker v. ClaughlyThe Superior Court of New York City · 1853
3Cited by2 opinions
- Puett v. BeardIndiana Supreme Court · 1882
- People ex rel. Wells v. Circuit Judge for St. JosephMichigan Supreme Court · 1878