Calkins v. Williams & Brand

Mason, Justice.

The defendants are public officers and have defended the action successfully, and now ask for double costs under the statute (2 R. S. 617, § 25). There can be no doubt in this case but the defendants would be entitled to double costs in this action if this were a judgment upon a verdict, unless this statute is repealed by the Code of procedure, which I am inclined to think it is not. These double costs are given to the officer himself by the express provisions of the statute (2 R. S. 617, § 26; 6 Wend. R. 297); and the statute is explicit that the attorney and counsel shall not…