Dinehart v. Wells
New York Supreme Court
Motion for re-taxation of costs, and that the plaintiff’s costs be limited to $47, the amount of the verdict. The declaration was in the usual form for an assault and battery. Pleas, 1. Not guilty, and issue. 2. Son assault, &c. 3. Molliter maims imposuit, in defence of defendant’s possession.
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Motion for re-taxation of costs, and that the plaintiff’s costs be limited to $47, the amount of the verdict. The declaration was in the usual form for an assault and battery. Pleas, 1. Not guilty, and issue. 2. Son assault, &c. 3. Molliter maims imposuit, in defence of defendant’s possession. Replications, 1. To 2d plea, taking issue. 2. To 3d plea, alleging the locus in quo to be a public highway ; that the plaintiff was lawfully in the same by directions of the commissioners of highways of the town, for the purpose of removing an obstruction, and being so there, the defendant committed the…
1Opinion of the Court
By the Court, Welles, J.
The statute under which the plaintiff claims his full bill of costs, (2 R. S. 613, § 3,) gives a plaintiff the costs allowed for services in the court in which the action shall be brought, if he recovers judgment by default, upon confession, verdict, demurrer, or otherwise, “ in all actions in which the title to lands or tenements, or a right of way, or a right by prescription or otherwise, to any easement in any lands, or to overflow the same, or to do any other injury thereto, shall have been put in issue by the pleadings, or shall have come in question on the trial…
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