Ehright v. Shalvey

The action is for assault and false imprisonment. The defendant justified as a member of the police force of this city, and the act for which he was sued warranted this justification. He has succeeded in the action, and the clerk has refused to tax double costs in his favor; therefore he appeals from the clerk’s taxation. The provisions of the revised statutes (3 R. S. 5th ed. 908) in regard to double costs are not repealed by the code, and remain in full force (Bartle v. Gilman, 18 N. Y. 260). The statute in question (§ 4), provides that in actions against public officers appointed under the…