Bogardus v. Rosendale Manufacturing Co.
The Superior Court of New York City
Tbce defendant demurred to a bill in equity filed by the plaintiff in the Supreme Court. That court at a special term overruled the demurrer, and gave judgment for the plaintiff, with, costs. An appeal was taken to the general term, and while pending, it was transferred to this court. This court reversed the judgment with costs. The Court of Appeals reversed the judgment of this court, and affirmed that of the Supreme Court at special term, with costs.
Read the full summary
Tbce defendant demurred to a bill in equity filed by the plaintiff in the Supreme Court. That court at a special term overruled the demurrer, and gave judgment for the plaintiff, with, costs. An appeal was taken to the general term, and while pending, it was transferred to this court. This court reversed the judgment with costs. The Court of Appeals reversed the judgment of this court, and affirmed that of the Supreme Court at special term, with costs. The remittitur was filed in this court, and an order entered that the judgment of the appellate court be made the judgment of this court, and…
1Opinion of the CourtBosworth, J.
This was an equity suit. It is the uniform practice of the Court of Appeals, as it was of the court for the correction of errors, not to give costs of the appellate court on reversing the decree of a subordinate court in an equity suit. The remittitur shows that the judgment of this court was reversed, and that of the Supreme Court affirmed “ with costs.” It is not stated expressly that it is affirmed “ with costs of the appellate court.” As effect can be given to the words, “ with costs,” without holding them to give, contrary to the settled practice of the appellate court, the costs of that…
2Cited by2 opinions
- Hillyer v. VandewaterNew York Supreme Court · 1890
- Lawrence v. Bank of the RepublicThe Superior Court of New York City · 1866