Carvey v. Rider
New York Supreme Court
Assault and battery, on habeas corpus from the Orange Common Pleas. At the Orange circuit, in 1821, the verdiet was for the plaintiffs, for 25 dollars. The defendant on a case made, applied to this Court for a new trial, which was granted, with costs to abide the event. The cause was again brought to trial at the same circuit, in November, 1823, and a verdict found for the defendant; and the only question-now, was upon the taxation of costs.
1Opinion of the Court
Curia, per Sutherland, J.
On granting a new trial, the Court exercise a sound discretion in relation to thejcosts of the trial which has already been had. Where the verdict is set aside for the misdirection or error of the Judge, or as being against law or evidence, the costs of the former trial are directed to abide the event of the suit; upon the principle, that the error which occasions the setting aside* of the verdict, being imputable to neither party, and the case being still undecided upon its merits, there is no ground upon which the costs should be put upon the one party, rathe than…
2Cited by2 opinions
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879