Bailey v. Daigler
New York Supreme Court
Appeal from special term, Erie county. Action by Earl W. Bailey against Adam Daigler and others. Plaintiff appeals from an order denying his motion for the retaxation of costs.
1Opinion of the CourtBradley, J.
The trial resulted in a verdict of $18.54 for the plaintiff. The defendants’ costs were allowed by the taxing officer, and the plaintiff’s motion that such taxation be set aside, and his costs be allowed, was denied by the order, from which this appeal was taken. This is an aption at law, and the question of costs is one of right, dependent upon the statute. The ■contention of the plaintiff’s counsel is that this case comes within the pro*719■vision of the statute which entitles the plaintiff to costs in an action “in which a claim to real property arises upon the pleadings. ” Code Civil Proc. §…
2Cases cited11 opinions
- Hilton v. . FondaNew York Court of Appeals · 1881
- Stewart v. . CryslerNew York Court of Appeals · 1885
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Rathbone v. McConnellNew York Supreme Court · 1855
- Kelly v. New York & Manhattan Beach Railway Co.New York Court of Appeals · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cleveland v. WilderNew York Supreme Court · 1894