Legal Opinion

Sweet v. Chapman

New York Supreme Court

Decided May 15, 1877PublishedCited by 2 opinions

Motion by defendant for a readjustment of costs as to an item of forty dollars allowed for reargument. The plaintiff had a verdict at the circuit, the defendant appealed, the general term affirmed the judgment, the defendant moved the general term for leave to go to the court of appeals. The defendant paid the costs of the appeal, including forty dollars for argunent.

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Motion by defendant for a readjustment of costs as to an item of forty dollars allowed for reargument. The plaintiff had a verdict at the circuit, the defendant appealed, the general term affirmed the judgment, the defendant moved the general term for leave to go to the court of appeals. The defendant paid the costs of the appeal, including forty dollars for argunent. Thereafter the general term ordered a reargument, and upon such reargument granted a new trial, with costs to abide the event. A new trial was had and the plaintiff again received a verdict, and taxed the costs, including forty…

1Opinion of the CourtHardin, J.

A trial is defined to be “ the judicial examination of the issue.” An argument takes place prior to a judicial decision of the issues in a case. There had been an argument and decision. Costs were allowable, and properly taxed and paid. They were paid “for argument of the appeal,” the judgment was affirmed, the costs paid, and, of course, the plaintiff satisfied.

But upon defendant’s application a reargument was ordered. He it was who imposed the labor of a reargument that took place, and the court thereupon reversed the judgment and ordered a new trial, with costs to abide the event. The…

2Cases cited1 opinion

  1. Slocum v. LansingNew York Supreme Court · 1846

3Cited by2 opinions

  1. Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898
  2. Crane v. OdegardNorth Dakota Supreme Court · 1903

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