Cole v. Grant
New York Supreme Court
Costs had been allowed to the defendants in the three first of these causes, to 26 dollars and 58 cents, and in the last also, to Gideon King, to 14 dollars and 84 cents, but in the last cause damages had been assessed against Grant to 20 dollars besides costs, an l Cole was unable to pay the costs taxed against him. on an affidavit disclosing the above facts, moved to set off the costs allowed the defendants against the damages and costs recovered by the plaintiffs in the…
Read the full summary
Costs had been allowed to the defendants in the three first of these causes, to 26 dollars and 58 cents, and in the last also, to Gideon King, to 14 dollars and 84 cents, but in the last cause damages had been assessed against Grant to 20 dollars besides costs, an l Cole was unable to pay the costs taxed against him. on an affidavit disclosing the above facts, moved to set off the costs allowed the defendants against the damages and costs recovered by the plaintiffs in the last.
1Per curiam
Let the defendants have leave to set off their costs in the three first causes against 20 dollars damages recovered by the plaintiff in the last. The costs of the plaintiff’s attorney in the last suit not to be included in the set-off, as he has a lien for them.(a)
Spencer v. White, April, 1799; 2 Bla. Rep. 867, 869, 871; 4 D. & E. 123; see also Brown v. Cuming, ante, 34, n. (a,) and Schemerhorn v. Schemerhorn, 3 Caines’ Rep. 190, n. (a.)
2Cited by4 opinions
- Phillips v. MacKaySupreme Court of New Jersey · 1892
- Devoy v. BoyerNew York Supreme Court · 1808
- Roberts v. MitchellTennessee Supreme Court · 1895
- State ex rel. Sea Isle City Improvement Co. v. Assessors of TaxesSupreme Court of New Jersey · 1898