Wolcott v. . Holcomb
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, reversing an order of the Special Term, requiring Dan-forth H. Olney, one of the plaintiffs’ attorneys, to pay $278.88, the costs for which judgment had been given in favor of the defendants upon the final decision of the action in this court, with interest, on the ground that the plaintiffs had made an assignment of the demand to him and his partner, John Olney, pendente lite.
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Appeal from an order of the General Term of the Supreme Court, reversing an order of the Special Term, requiring Dan-forth H. Olney, one of the plaintiffs’ attorneys, to pay $278.88, the costs for which judgment had been given in favor of the defendants upon the final decision of the action in this court, with interest, on the ground that the plaintiffs had made an assignment of the demand to him and his partner, John Olney, pendente lite. The afSdavits on which the motion was made and opposed showed that the action was originally commenced in the County Court of Greene county, for an assault…
1Opinion of the Court
Denio, Ch. J.
The provision of the Code of Procedure in respect to the liability for costs of persons not parties to the record, is broader than the former practice of the courts, or the corresponding provision of the Devised Statutes. (Code, § 321; R. S., 515,§47, 2d ed.) It embraces in its language the case of one defending an action in the name of the defendant on the record, and of a respondent on appeal; whereas the former law was limited to one prosecuting in the name of a plaintiff under such circumstances. (Miller v. Adsit, 18 Wend., 672; Bendernagle v. Cocks, 19 id., 151; Ryers v.…
2Cases cited6 opinions
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Traver v. NicholsNew York Supreme Court · 1831
- Ball v. GardnerNew York Supreme Court · 1839
- Bennett v. . BrownNew York Court of Appeals · 1859
- Smith v. CrouseNew York Supreme Court · 1857
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3Cited by6 opinions
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- Peck v. . YorksNew York Court of Appeals · 1878
- De Witt v. PerkinsWisconsin Supreme Court · 1870
- Davis Schenck v. . HigginsSupreme Court of North Carolina · 1885
- Dowling v. BuckingNew York Court of Appeals · 1873
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