Albany & West Stockbridge Rail-Road v. Cady
New York Supreme Court
This was an action of debt brought against the defendants Elisha and Jonathan Cady, pursuant to Stat. 1834, p. 544, § 12, for a wilful injury to the plaintiffs’ rail-road. The defendants appeared by the same attorney, and pleaded separately nil debet. On the trial, the jury found a verdict against the defendant Elisha, for four dollars, and acquitted the defendant Jonathan.
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This was an action of debt brought against the defendants Elisha and Jonathan Cady, pursuant to Stat. 1834, p. 544, § 12, for a wilful injury to the plaintiffs’ rail-road. The defendants appeared by the same attorney, and pleaded separately nil debet. On the trial, the jury found a verdict against the defendant Elisha, for four dollars, and acquitted the defendant Jonathan. The plaintiffs made a case and moved for a new trial against both defendants; but the motion was denied.
1Opinion of the Court
By the Court, Bronson, J.
The plaintiffs are entitled to judgment for treble damages against the defendant Elisha Cady, amounting to twelve dollars. (Stat. 1834, p. 544, § 12.) And the defendants are entitled to judgment against the plaintiffs for *266costs. The treble damages against Elisha not being enough to give the plaintiffs costs against him, (2 M. iS. 616, § 23,) he is entitled to costs against them. (Id. 615, § 16.) Jonathan, who was acquitted, is of course entitled to costs. (Id. § 18.) So far as costs are concerned, the case is substantially the same as though both defendants had been…
2Cases cited1 opinion
- Canfield v. GaylordNew York Supreme Court · 1834