Keiny v. Ingraham
New York Supreme Court
HIS is a motion to correct the minutes of the court, to vacate an order trebling the amount of damages assessed by the jury on the trial of the action; that the clerk of St. Lawrence county be directed to set aside the taxation and allowance of costs to the plaintiff; that the defendants be allowed costs against the plaintiff; and that the same be adjusted by the clerk and inserted in the judgment in this action.
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HIS is a motion to correct the minutes of the court, to vacate an order trebling the amount of damages assessed by the jury on the trial of the action; that the clerk of St. Lawrence county be directed to set aside the taxation and allowance of costs to the plaintiff; that the defendants be allowed costs against the plaintiff; and that the same be adjusted by the clerk and inserted in the judgment in this action. The action was tried at the circuit held in St. Lawrence county in October, 1872. The jury found a verdict for the plaintiff, for $17. Immediately, or soon after the rendition of the…
1Opinion of the CourtJoseph Potter, J.
The order trebling the damages having been made in the absence of the defendants’ counsel from the court-room, and without a hearing in behalf of the defendants, upon the question, and without notice, I shall treat the motion as an original application in behalf of the plaintiff to treble the damages as found by the jury, and as an application for an order in behalf of the defendants, allowing them to recover their costs of the plaintiff, and directing the clerk to correct the judgment accordingly.
In thus considering the case, these questions are to be determined:
*2521st. Is the plaintiff entitled…
2Cases cited2 opinions
- People v. New York Central Rail RoadNew York Supreme Court · 1858
- People v. Phoenix BankThe Superior Court of New York City · 1860
3Cited by3 opinions
- Claim of Solomone v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Crowell v. SmithNew York Supreme Court · 1885
- Hof v. MagerAppellate Division of the Supreme Court of the State of New York · 1915