Scudder v. Gori
The Superior Court of New York City
This was an appeal from an order made at special term, directing the costs to be readjusted in conformity with the Code as it stood in May, 1862 (the time when the complaint was dismissed), and deciding that the application for a new trial was a motion, for which only motion-costs should be given.
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This was an appeal from an order made at special term, directing the costs to be readjusted in conformity with the Code as it stood in May, 1862 (the time when the complaint was dismissed), and deciding that the application for a new trial was a motion, for which only motion-costs should be given. The complaint was dismissed in May, 1862, but the motion for a new trial was not made until May,. 1864, and the costs were taxed under the law of 1864. From the order at special term the defendant appealed.
1Opinion of the Court
By the Court*—Monell, J.
I am constrained to adhere to the case in this court, Moore a. Westervelt (14 How. Pr., 279), Avhich holds that the costs must be adjusted according to the Code as it existed at the. time of the verdict, as respects all items prior to that date. It is there said that the “ recovery/’ which gives the right to costs, mentioned in the statute, means the “ verdict,” and not the judgment. This decision was made at general term in July, 1857, and no amendment of the Code affecting this question has since been made. Crary a. Norwood (5 Abbotts’ Pr., 219), decided about the…
2Cases cited2 opinions
- Jackett v. JuddNew York Supreme Court · 1859
- Moore v. WesterveltThe Superior Court of New York City · 1857
3Cited by4 opinions
- Martínez v. Pagán López & Co.Supreme Court of Puerto Rico · 1911
- Muller v. HigginsThe Superior Court of New York City · 1872
- Kapp v. LoynsSupreme Court of South Carolina · 1880
- Martínez v. PaganSupreme Court of Puerto Rico · 1911