Rice v. Childs
New York Supreme Court
Appeal from an order made at a Special Term, in so far'as it awards costs to tbe plaintiff in excess of tbe costs of tbe motion, and from an order denying a motion for a retaxation of costs.
1Opinion of the Court
Bbady, J. :
This action was commenced by the service of a summons and complaint on tbe defendant Childs on March 24, 1882, and was brought upon an undertaking given by Henry Brewster, on appeal from a judgment of the Marine Court to the court of Common Pleas, to secure the costs and damages only of such appeal. The undertaking was executed by Henry H. Waters and Patrick Childs. Waters resided in Rockland county and Childs in New York. Under the judgment in the' court of Common Pleas and to which the undertaking related, the respondent recovered seventy-seven dollars and forty-five cents costs,…
2Cases cited3 opinions
- Toll v. HillerNew York Court of Chancery · 1844
- Hoe v. . SanbornNew York Court of Appeals · 1867
- Keeler v. Van WieNew York Supreme Court · 1875