Taylor v. Wright
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Wright, from an order of the Supreme Court, made at the Albany Special Term, and entered in the office of the clerk of the county of ■ Schoharie on the 12th day of August, 1898, denying his motion 'to vacate the taxation of costs in favor of the plaintiff by the clerk of the county of Schoharie, and for a certificate that the title to real property came into question upon the trial.
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Appeal by the defendant, Charles Wright, from an order of the Supreme Court, made at the Albany Special Term, and entered in the office of the clerk of the county of ■ Schoharie on the 12th day of August, 1898, denying his motion 'to vacate the taxation of costs in favor of the plaintiff by the clerk of the county of Schoharie, and for a certificate that the title to real property came into question upon the trial. This is an action of trespass commenced in the' Justice’s Court. The defendant Interposed a plea of title; the plaintiff discontinued, and thereafter brought her action in the…
1Opinion of the Court
Herrick, J.:
Section 3235 of the Codé of Civil Procedure reads as follows: “ Where an action, brought before a justice of the peace,' or in a district court of the city of Hew York, or a justice’s court of a city, has been discontinued, as prescribed by law, upon the delivery of an answer, showing that title to real property will come in question, and a new action, for the same cause, has been commenced in' the proper court, the party in whose favor final judgment is rendered in the new action is entitled to costs ; except that where final judgment is rendered therein in favor of the defendant…
2Cases cited2 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Morss v. . SalisburyNew York Court of Appeals · 1872
3Cited by2 opinions
- Lopiano v. Telephone Co.New York Supreme Court · 1931
- Shaffer v. ShafferAppellate Division of the Supreme Court of the State of New York · 1906