Savage v. Darrow
New York Supreme Court
—A motion having been made in this cause before Mr. Justice Willard, to vacate an order holding the defendant to bail, and the same having been denied, the defendant appealed from the order denying the motion to the general term. Upon the appeal, the decision of the justice was reversed, and the order to hold to bail vacated.
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—A motion having been made in this cause before Mr. Justice Willard, to vacate an order holding the defendant to bail, and the same having been denied, the defendant appealed from the order denying the motion to the general term. Upon the appeal, the decision of the justice was reversed, and the order to hold to bail vacated. Upon an affidavit showing these facts, the defendant moved that the plaintiff be ordered to pay to the defendant $45 for his costs upon the appeal, and that he be at liberty to issue a precept in the nature of an execution, to collect such costs.
1Opinion of the Court
Harris, Justice.
The motion for costs is founded upon the 6th subdivision of the 307th section of the code. It is supposed by the defend*75ant’s counsel that the costs specified in that subdivision are recoverable upon appeals in the cases mentioned in section 349, and in such cases only. If this were so, I do not perceive why the defendant would not be entitled to the costs he demands. But I have just decided in Wilson agt. Allen, (ante, page 54,) that the clause in the 6th subdivision, upon which the defendant relies, is repugnant to the other provisions in the code relating to the same…
2Cited by2 opinions
- Pennell v. WilsonThe Superior Court of New York City · 1864
- Same v. SameThe Superior Court of New York City · 1867