Moosbrugger v. Kaufman
Appellate Division of the Supreme Court of the State of New York
. Appeal by the .plaintiff, Angela E. Moosbrugger, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 30th day of December, 1895, disallowing the plaintiff’s costs and allowing the defendant’s costs in the above-entitled action, and in fourteen other actions by the same plaintiff against different defendants.
Read the full summary
. Appeal by the .plaintiff, Angela E. Moosbrugger, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 30th day of December, 1895, disallowing the plaintiff’s costs and allowing the defendant’s costs in the above-entitled action, and in fourteen other actions by the same plaintiff against different defendants. When the motion was heard several affidavits were read, and the plaintiff’s bill of costs in each action with two affidavits of her attorney, and a bill of costs' of each defendant with an affidavit…
1Opinion of the Court
Hardin, P. J.:
It is contended by the learned counsel for the respondents’ that the defendant in each action is entitled to tax a bill of costs against the plaintiff, and in support of that contention he calls attention to section 3234 of the Code of Civil Procedure.. That section provides that “ In an action specified in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of the issues, and the defendant upon the other or…
2Cases cited4 opinions
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- Dougherty v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Cooper v. . JollyNew York Court of Appeals · 1884
- McCarthy v. InnisNew York Supreme Court · 1891
3Cited by6 opinions
- Welling v. Ivoroyd Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Rohrs v. RohrsCity of New York Municipal Court · 1911
- Crane v. MillerAppellate Division of the Supreme Court of the State of New York · 1898
- Rott v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Crane v. MillerAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.