Hardt v. Schulting
New York Supreme Court
Appeal from an order denying the plaintiffs’ motion to set-off a judgment in their favor, or so much thereof as was necessary, against the costs of two motions awarded to the defendant in the same action.
1Opinion of the Court
Brady, J.:
The plaintiffs having obtained a judgment in this action, and the defendant having obtained orders directing the payment of the costs of two motions, the plaintiffs sought to set-off so much of the judgment recovered in their favor as would extinguish the motion costs. It appeared however upon the application, when presented *346to the court below, that tbe defendant had appealed from tbe plaintiffs’ judgment.
Tbe learned justice presiding at the Special Term said that when one of tbe judgments is appealed from there can be no set-off in respect to costs.
The spirit of tbe rule in…
2Cases cited2 opinions
- Terry v. RobertsNew York Supreme Court · 1857
- Baker v. HoagNew York Supreme Court · 1851