Slocum v. Lansing
New York Supreme Court
Costs. The cause was tried in March, 1839, when the plaintiff obtained a verdict. The defendant made a case, and obtained a new trial, on payment of costs ; and he paid the plaintiff’s costs of the circuit at which the cause was tried, and the costs of opposing the motion for a new trial. The defendant afterwards obtained a judgment as in case of nonsuit, and in his bill of costs charged and had taxed all his own costs on the application for a new trial, amounting to $107,81.
1Opinion of the Court
By the Court, Bronson, Ch., J
As the defendant was required it ,»sts, the granting uf the new trial must have been considered i £T??~ of favor rather than of strict right; and the defendant cannot be entitled to t le costs of his proceedings to obtain the favor.(a)
Motion granted.
So where a plaintiff pays costs of a circuit for not proceeding to trial pursuant to notice, and afterwards recovers in the suit, he cannot tax his own costs of that *260circuit. (Linacre v. Lush, 3 Wend. 305.) But where a new trial is granted at the instance of the plaintiff, the costs to abide the result, and the…
2Cases cited1 opinion
- Linacre v. LushNew York Supreme Court · 1829
3Cited by3 opinions
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898
- Sweet v. ChapmanNew York Supreme Court · 1877
- Whipple v. WilliamsNew York Court of Appeals · 1849