Nestle v. Jones
New York Supreme Court
This action was commenced in February 1849, and issue was joined therein in May following. It was brought against the defendant as late sheriff of Montgomery county, for not paying money collected on several executions as sheriff. The cause was noticed for trial at the Montgomery circuit in February 1851, and was dismissed for the want of prosecution by the defendant, and the defendant now asks for double costs, according to the Revised Statutes (2 R. S. 617, §24).
1Opinion of the Court
Willard, Justice.
It was conceded that had this action been determined while chapter 10 of the 3d part of the Revised Statutes was in force, the defendant would have been entitled to the amount of his taxed costs, and one half thereof in addition (2 R. S. 617, § 24). It is contended on the part of the plaintiff, that that part of the Revised Statutes has been repealed by'§ 303 of the Code.
In Murray agt. Haskins (4 How. 263), Mr. Justice Sill held that §24 and 25 of title 1, ch. 10 of the 3d part of the Revised Statutes were not repealed by the Code, and he allowed to a constable sued under the…
2Cases cited3 opinions
- McFarland v. CraryNew York Supreme Court · 1828
- McFarland v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ainsworth v. StateMississippi Supreme Court · 1872