Legal Opinion
Wales v. Hart
New York Supreme Court
Decided October 15, 1823PublishedCited by 1 opinion
On certiorari to a Justice’s Court. Trover, in the Court peiow w Wales against Hart &. Dowd. The defendants J 0 pleaded jointly the general issue ; and the verdict was for the defendants. The defence ivas that the property in question belonged to one Davis against whom Hart, as constable, had an execution by virtue whereof he levied upon an^ s0^ t*16 property to Dowd. The Justice gave judgment for the defendants, with double costs.
1Opinion of the Court
Curia.
The defendant, Hart, would have boen entitled to his double costs, had he pleaded separately: but joining with Dowd, the purchaser, single costs only were allowable. The judgment must be reversed, as to the costs.
Judgment accordingly.
2Cited by1 opinion
- Scherl v. FlamAppellate Division of the Supreme Court of the State of New York · 1910