Haye v. Robertson
The Superior Court of New York City
Motion in the nature of an appeal from taxation oi costs by the clerk. This was an action to recover the possession of per sonal property alleged to have been wrongfully detained by the defendants.
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Motion in the nature of an appeal from taxation oi costs by the clerk. This was an action to recover the possession of per sonal property alleged to have been wrongfully detained by the defendants. It was tried by a referee, who dismissed the complaint as to the defendant Eobertson, “with costs;” and rendered a separate judgment in favor of the defendant Winternitz, that he have a return of the property, with damages for the taking thereof in the action by the plaintiff, and also that he have costs. The defendants appeared by the same attorneys, putting in separate answers, each containing a…
1Opinion of the Court
Monell, Ch. J.
The specific award of costs to each of the defendants by the referee, is supposed to have been authorized by section 306 of the Code. That section provides that, “in other actions costs may be allowed or not, in the discretion of the court. 2. In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor, or any of them.”
The preceding section 304 provided that costs shall be…
2Cases cited8 opinions
- Walker v. RussellNew York Supreme Court · 1858
- Bridgeport Insurance v. WilsonThe Superior Court of New York City · 1861
- Bulkley v. Smith, Brush, & KettletasThe Superior Court of New York City · 1853
- Decker v. . GardinerNew York Court of Appeals · 1853
- Scranton v. BaxterThe Superior Court of New York City · 1850
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