Hopkins v. . Lott
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oorn-t in the second judicial department, made December 14, 1886, which affirmed an order of Special Term awarding costs and an extra allowance to defendant in a reference under the statute of a disputed claim against the estate of Sarah A. Lott, defendant’s intestate. (Reported below, 42 Hun, 442.) The claim was for damages caused by the eviction from premises leased by plaintiff from the intestate.
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Appeal from judgment of the General Term of the Supreme Oorn-t in the second judicial department, made December 14, 1886, which affirmed an order of Special Term awarding costs and an extra allowance to defendant in a reference under the statute of a disputed claim against the estate of Sarah A. Lott, defendant’s intestate. (Reported below, 42 Hun, 442.) The claim was for damages caused by the eviction from premises leased by plaintiff from the intestate. The judgment gave plaintiff six cents damages. The allowance of c'sts to the respondent was erroneous. (Code of Civ. Pro. §§ 1835, 1836,…
1Opinion of the CourtAndrews, J.
We think costs were erroneously awarded to the defendant. The Revised Statutes, under which the reference was had, provide that the “ court may adjudge costs as in actions against executors.” (2 R. S. 89, § 37.) The general rule governing the allowance of costs in actions, other than those where costs are in the discretion of the court, is prescribed in sections 3228 and 3229 of the Code of Civil Procedure. By section 3228, the plaintiff, among other cases mentioned; is entitled to costs, as of course, upon a recovery of a final judgment in his favor in an action specified in the fifth…
2Cases cited1 opinion
- Baine v. . the City of RochesterNew York Court of Appeals · 1881
3Cited by9 opinions
- Agar v. TibbettsNew York Supreme Court · 1890
- In re McQueen's EstateNew York Supreme Court · 1890
- Dryer v. BrownNew York Supreme Court · 1890
- Hallock v. BaconNew York Supreme Court · 1892
- Blankman v. McQueenNew York Supreme Court · 1890
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