Murray v. Haskins
New York Supreme Court
The defendant is a constable and was sued for acts done by him by virtue of his office. The cause was referred, and the referee made a report for the defendant. He now moves for an order directing the clerk to insert in the judgment double costs.
1Opinion of the Court
Sill, Justice.
The Revised Statutes provided, that if judgment be rendered for the defendant in an action against a public officer, appointed under the authority of this state, or elected by the people, for, or concerning any act done by virtue of his office, the defendant should recover his taxed costs, and one-half thereof in addition. (2 R. S. 617, § 24.)
It is under this provision that the defendant now claims to recover double costs. The plaintiff contends that this section has been repealed by the Code of Procedure. He relies upon the 303d section which repeals “ all statutes establishing…
2Cited by1 opinion
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