Hurley v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Brown, from'so .much of an order of - the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of November, 1900, on the defendant’s motion for a retaxation of costs, as ■ denies the defendant any costs at Special Term.
1Opinion of the Court
Willard Bartlett, J.:
This was an equity suit in which the plaintiffs prevailed upon the trial at Special Term, where judgment was rendered in their favor without costs. The defendant appealed and this court reversed the judgment, adhering to the views expressed upon a *9previous appeal from an order denying a motion for a preliminary injunction. (Hurley v. Brown, 54 App. Div. 619; 44 id. 480.) The decision of the Appellate Division announcing the reversal was in these words: “ Judgment reversed, with costs, and complaint dismissed.”
In taxing the defendant’s costs upon this decision, the county…
2Cases cited3 opinions
- Schoonmaker v. BonnieNew York Supreme Court · 1889
- Von Keller v. SchultingNew York Supreme Court · 1873
- Hurley v. BrownAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1905
- Reiss v. Town of PelhamAppellate Division of the Supreme Court of the State of New York · 1901
- Weber v. Town of PelhamAppellate Division of the Supreme Court of the State of New York · 1901