Bartle v. . Gilman
New York Court of Appeals
Appeal from an order of the general term of the Supreme Court, in the sixth district, affirming an order at special term granting the defendant double costa, on the ground that the action was brought for acts done by him as a public officer. The case was submitted on printed points.
1Opinion of the Court
The only question in this case is, whether the provisions of the Revised Statutes for the allowance of double costs, in cases like the present, are repealed by the Code.
The provisions of those statutes, concerning costs, are contained in chap. 10, part 3, vol. 2, p. 612. That chapter is entitled "Of costs, and the fees of officers," and has three titles. The first title relates to "the cases in which costs may be recovered, and in which double costs may be allowed;" and it gives double costs, among other cases, in actions against public officers for or concerning any act done by such officer,…
2Cases cited1 opinion
- McFarland v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by5 opinions
- Brown v. Mayor of New YorkNew York Supreme Court · 1877
- Ehright v. ShalveyNew York Marine Court · 1877
- Howitt v. MerrillNew York Court of Appeals · 1889
- Pennell v. WilsonThe Superior Court of New York City · 1867
- Stoddard v. ClarkeNew York Court of Appeals · 1870