Lanz v. Trout
New York Supreme Court
This was an action brought to recover the possession of real estate, and the defendant interposed an equitable defense, and the issues were referred to Hon. Charles Mason, who reported against the plaintiffs, or, in other words, in favor of the equitable defense, and directed that neither party should recover costs.
Read the full summary
This was an action brought to recover the possession of real estate, and the defendant interposed an equitable defense, and the issues were referred to Hon. Charles Mason, who reported against the plaintiffs, or, in other words, in favor of the equitable defense, and directed that neither party should recover costs. The defendant taxed his costs and entered judgment therefor, from which the plaintiffs brought an appeal,- and then served' a notice that they abandoned the appeal; but defendant went on with the appeal and took an order affirming the judgment. The plaintiffs moved, before the…
1Opinion of the CourtHardin, J.
This motion presents the' question, has a referee or court any discretion as to costs in an action of this character, or, in other words,when a law action is stated in a *95complaint and an equitable defense in the answer, upon the defendants prevailing; can the court direct as to costs, or shall the prevailing party be allowed costs in virtue of the statutory provisions as to costs ?
That question has been passed upon in this district and the discretion denied, and the statute held to govern.
Judge Morgan says, in delivering the opinion of the court in Cythe agt. La Fontain: “ The Code, has not…
2Cases cited3 opinions
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Cythe v. La FontainNew York Supreme Court · 1868
- Bennett v. ButterworthSupreme Court of the United States · 1852
3Cited by2 opinions
- Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
- Black v. O'BrienNew York Supreme Court · 1880