Newell Universal Mill Co. v. . Muxlow
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court iu the first judicial department, entered upon an order made November 28, 1888, which affirmed an order of Special Term denying a motion to compel the clerk of the county of New York to tax and enter in the judgment herein the defendant’s costs. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court iu the first judicial department, entered upon an order made November 28, 1888, which affirmed an order of Special Term denying a motion to compel the clerk of the county of New York to tax and enter in the judgment herein the defendant’s costs. The nature of the action and the material facts are stated in the opinion. To entitle a defendant to costs under section 3234 of the Code of Civil Procedure, the complaint must set forth separately two or more causes of action. (2 E. S. [2d ed.] 572, § 27; Kilburn v. Lowe, 37 Hun, 237; Seymour…
1Opinion of the Court
Ruger, Ch. J.
This case presents the question of the right of a defendant to costs, in an action for chattels, when both parties succeed as to a part of the property replevied. The complaint contained but one count and one cause of action, and alleged ownership by the plaintiff of several articles of property, and the possession and wrongful detention thereof by the defendant, and demanded judgment for the recovery of the possession of such property. The defendant Jane B. Muxlow alone defended on the merits and alleged several defenses to the action ; some concerning the whole property, and…
2Cases cited3 opinions
- Persse v. WatrousSupreme Court of Connecticut · 1861
- Watson v. . GardinerNew York Court of Appeals · 1872
- People ex rel. Lownds v. New-York Common PleasNew York Supreme Court · 1829
3Cited by9 opinions
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- In re OliverDistrict Court, W.D. Missouri · 1901
- City of Syracuse v. WrightNew York Supreme Court · 1956
- Burns v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1892
- Shepherd v. . MoodheNew York Court of Appeals · 1896
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