Daniels v. . Lyon
New York Court of Appeals
The plaintiff brought an action in the supreme court for trespass upon lands against five defendants, who all joined in a single answer. Upon the trial the plaintiff obtained a verdict against two of the defendants; the other three had a verdict in their favor. The plaintiff entered judgment for his damages and costs against the two defendants.
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The plaintiff brought an action in the supreme court for trespass upon lands against five defendants, who all joined in a single answer. Upon the trial the plaintiff obtained a verdict against two of the defendants; the other three had a verdict in their favor. The plaintiff entered judgment for his damages and costs against the two defendants. The three defendants who succeeded in their defence had their costs adjusted by the clerk, and obtained an order from Mr. Justice Barculo, at the Westchester special term, giving them leave to enter judgment for the costs of their defence. On appeal to…
1Opinion of the Court
Section 304 of the Code prescribes in what class of actions, which are those heretofore known as common law actions, the plaintiff upon a recovery shall be entitled as of course to costs against the defendant. Section 305 gives costs to the defendant in these actions unless the plaintiff be entitled to costs therein. These two sections dispose of the right of the parties to costs in the actions enumerated. The provisions of § 306 are not applicable to the class of actions embraced within §§ 304 and 305, but apply exclusively to actions of an equitable nature, such as would have been the…
2Cited by5 opinions
- State v. ParrantSupreme Court of Minnesota · 1870
- Eastman v. GrayNew York Supreme Court · 1894
- Bruck v. LambeckCity of New York Municipal Court · 1909
- Daniels v. LyonNew York Court of Appeals · 1854
- Williams v. CassadyNew York Supreme Court · 1880