Wheeler v. Mowers
New York County Courts
Motion made by. defendant for retaxation of costs. . The action was originally brought in the City Court of IJtica, and from a judgment then rendered an appeal was taken to this court for a new trial. The case was tried at the November term, 1895, of this court and a verdict rendered ■ in favor of defendant. That motion was set aside by the trial judge on the ground that the evidence did not, as matter of law, establish any defense.
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Motion made by. defendant for retaxation of costs. . The action was originally brought in the City Court of IJtica, and from a judgment then rendered an appeal was taken to this court for a new trial. The case was tried at the November term, 1895, of this court and a verdict rendered ■ in favor of defendant. That motion was set aside by the trial judge on the ground that the evidence did not, as matter of law, establish any defense. The order setting the verdict aside was silent as to costs, but the opinion Stated that the verdict was set aside and a new trial granted, costs to abide event.…
1Opinion of the CourtDunmore, J.
Section 30Y3 of the Code of Civil' Procedure regulates the amount of costs taxable in actions originally brought in justice’s court, and the first clause in said section reads as follows: “Upon an appeal provided for in this article, costs, when awarded, must be as follows, besides disbursements,” etc. As the order setting aside the verdict contained no provision as to costs, defendant claims that no costs have been awarded to plaintiff, and,. therefore, under section 30Y3, none are taxable. There, perhaps, would be some force in this ■ contention, except for a provision contained in section…
2Cases cited1 opinion
- Shaver v. EldredNew York Supreme Court · 1895