Ex parte Nelson
New York Supreme Court
Assumpsit, in the Common Pleas of Onondaga, by Taft against D. E. Nelson, upon a joint note. B. Nelson pleaded the general issue. E. Nelson pleaded infancy, Replication—that E. Nelson was of full age. On the trial, E. Nelson proved his infancy, and on motion, the Court below allowed the plaintiff to enter a nolle prosequi as to him without costs,
1Opinion of the CourtWoodworth, J.
I am satisfied, on further consideration, that we were wrong in our impressions at the last term.. The 11 th section, upon which the defendant claims to be allowed his costs, provides, that if the plaintiff shall, after declaration, suffer the suit to be discontinued, the Court may adjudge costs to the defendant. It makes no provision for a discontinuance as to one of the defendants, and, I think, it applies only to a discontinuance, as to all the' counts, and all the defendants. The 2d section provides, that in every case, where a plaintiff would recover costs upon a verdict for him, the…
2Cases cited2 opinions
- People ex rel. Wilson v. Supervisors of AlbanyNew York Supreme Court · 1815
- Executors of Morton v. Terre-tenants of CroghanNew York Supreme Court · 1822
3Cited by16 opinions
- State ex rel. Heirs of Walker v. Judge of the Orphans' Co.Supreme Court of Alabama · 1849
- State Ex Rel. John v. MorrisTexas Supreme Court · 1893
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Williams v. Judge of the Cooper Court of Common PleasSupreme Court of Missouri · 1858
- State ex rel. Lord v. Board of SupervisorWisconsin Supreme Court · 1850
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