Legal Opinion
Ex parte Davis & Sowle
New York Supreme Court
Decided October 15, 1825PublishedCited by 2 opinions
On dismissing an appeal as irregularly brought, by Davis and Sowle against Waugh, from a justice’s court to the C. P. of Monroe, the parties being in Court, and the motion being opposed, that Court awarded costs of the motion against the appellants; and now,
1Per curiam
These parties were before the Court, who, we think, had jurisdiction over their persons for the purpose of costs.(a)
Motion denied.
In like manner, this court sometimes give costs against one who moves for a mandamus, if the motion be opposed, though it be denied ; and therefore no canso of action be commenced. (Ex parte Root, 4 Cowen’s Rep. 548.)
2Cited by2 opinions
- Lowe v. The BenjaminU.S. Circuit Court for the District of Eastern Pennsylvania · 1847
- Burnham v. RangeleyU.S. Circuit Court for the District of Maine · 1847