House v. Lockwood
New York Supreme Court
Appeal from special term. Hew York county. Action by William M. House against John L. Lockwood and another. Judgment for defendants dismissing complaint, with costs. Plaintiff appeals from an order affirming the clerk’s adjustment of costs.
1Per curiam
The action was in equity for a strict foreclosure of a deed alleged to have been a mortgage. Upon the first trial which took place, the complaint was dismissed, but on an appeal from the judgment it was reversed, and a new trial ordered. Upon the second trial the defendant again succeeded, and, as a part of his costs and disbursements allowed in the action, the clerk included the costs and disbursements on the appeal, in which the plaintiff had proved successful. This he had no authority to do; and, as the point has recently been so considered and decided in Durant v. Abendroth, ante, 538,…
2Cited by3 opinions
- Hadley v. PethcalNew York Supreme Court · 1890
- Sander v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Sander v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1900