Black v. O'Brien
New York Supreme Court
Appeal from an order made at Special Term, setting aside a judgment for costs entered by the defendants.
1Opinion of the Court
Learned, P. J.:
This was an action, in the nature of a creditor’s bill, to Bet aside conveyances of land made by the judgment debtor O’Brien, to defendant Crowley, and by him to the judgment debtor’s wife.
On the trial, the complaint was dismissed: the order of dismissal saying, without costs. The defendant thereupon entered a judgment against the plaintiff for costs; claiming that, in such an action, costs were a matter of right. The Special Term set aside the judgment, and the defendant appeals.
The case of Van Wyck v. Baker (18 Sup’m. Ct., 309) does not decide this question. For the court…
2Cases cited11 opinions
- Webb v. Daggett & GreenNew York Supreme Court · 1847
- Nichols v. . VoorhisNew York Court of Appeals · 1878
- Eastburn v. KirkNew York Court of Chancery · 1817
- Carrington v. CrockerNew York Court of Appeals · 1867
- Morris v. . WheelerNew York Court of Appeals · 1871
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