Hopkins v. Hawkins

Edgcomb, J.:

This is an equity action brought to compel specific performance of a contract. Defendants answered separately. The complaint was dismissed at Special Term, and the judgment of the lower court was affirmed in the Appellate Division. The Court of Appeals granted plaintiff’s motion for leave to appeal to that court, but the order was silent as to the costs upon the application. In due course of time the appeal was argued in the court of last resort, and the judgment appealed from was affirmed, with costs. In taxing their costs the defendants included the expenses which they incurred…