Legal Opinion

Martin v. Tarbox

Appellate Terms of the Supreme Court of New York

Decided April 15, 1898PublishedCited by 1 opinion

Appeal from a judgment of the Tenth District Court.

1Per curiam

The judgment appealed from must he affirmed. The statute requires us to award costs where the judgment is affirmed. As both parties have appealed, it seems that while awarding costs against each, we should also provide that they be offset. Board of Supervisors v. Bristol, 58 How. Pr. 3. The judgment is, therefore, affirmed, with costs in favor of the respondent oñ each appeal. The order of affirmance should contain a provision for an offset of the costs. Board of Supervisors v. Bristol, 58 How. Pr. 3.

Present: Beexman, P. J., Gildebsleeve and Giegebich, JJ.

Judgment affirmed, with costs.

2Cases cited1 opinion

  1. Board of Supervisors v. BristolNew York Supreme Court · 1879

3Cited by1 opinion

  1. Cochran v. WhitneyAppellate Terms of the Supreme Court of New York · 1910