Wheelock v. Hotchkiss
New York Supreme Court
There was a recovery in the justices’ court against the defendant, who was a path-master, and defended his acts as such officer. He appealed to the county court, and the judgment was reversed. The plaintiff then appealed to the supreme court, where the judgment of the county court was affirmed. And the question presented is, to what costs is the defendant entitled ?
1Opinion of the Court
By the court—Marvin, J ustice.
After consulting Bartle agt. Gilman, (17 How. 1), Dockstader agt. Sammons, (4 Hill, 546), and Foster agt. Cleveland, (6 How. 253), I have come to the conclusion that the defendant is not entitled to double costs upon the appeal to the county court, but is entitled to double costs upon the appeal to the supreme court.
In Dockstader agt. Sammons, the defendant, a constable, was beaten in the common pleas, and brought error to the supreme court, and the judgment was reversed; it was held that he was not entitled to double costs on the writ of error, he being…
2Cases cited1 opinion
- Widow & Heirs of De La Lande v. Treasurer of the StateSupreme Court of the United States · 1855
3Cited by3 opinions
- Jones v. KnaussNew Jersey Court of Chancery · 1880
- Wood v. Board of Commissioners of Excise of the Town of RandolphNew York Supreme Court · 1894
- Shaver v. EldredNew York Supreme Court · 1895