Irwin v. Deyo
New York Supreme Court
Motion for retaxation. The declaration in this case contained ten counts, two for malicious prosecution, and eight in slander; four of the last were laid with a colloquium, and . _ 1 four without. Forty witnesses attended to support the plaintiff’s general character, only two of whom were sworn on the trial. There was no proof in support of the counts for a ma-1 1 x licaras prosecution.
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Motion for retaxation. The declaration in this case contained ten counts, two for malicious prosecution, and eight in slander; four of the last were laid with a colloquium, and . _ 1 four without. Forty witnesses attended to support the plaintiff’s general character, only two of whom were sworn on the trial. There was no proof in support of the counts for a ma-1 1 x licaras prosecution. The taxing officer allowed for all the counts in the declaration, and for the attendance of all the witnesses.
1Opinion of the Court
The Court ordered a retaxation, and directed that an al- ... lowance should be made for but four counts m slander, two with, and two without a colloquium, and nothing for the counts for malicious prosecution. They also directed that fees should be taxed for but ten witnesses attending in support of the plaintiff’s general character.
2Cited by6 opinions
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- People ex rel. Union Bank v. New York C. P.New York Supreme Court · 1838
- Gray v. SchenkNew York Supreme Court · 1848
- Kley v. HealeyNew York Court of Common Pleas · 1888
- Kley v. HealeyNew York Court of Common Pleas · 1888
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