Leprell v. . Kleinschmidt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 23, 1888, which reversed an order of Special Term denying a motion on the part of defendant for a disallowance of plaintiffs’ costs herein, and which granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 23, 1888, which reversed an order of Special Term denying a motion on the part of defendant for a disallowance of plaintiffs’ costs herein, and which granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion. The action being one “ to recover real property or an interest in real property,” and the jury having rendered a verdict in favor of the plaintiffs, they are entitled to recover costs. (Code Civil Pro. § 3228, subd. 1.) The averment of…
1Opinion of the Court
Ruger, Ch. J.
Section 3228 of the Coue of Civil Procedure provides that “ the plaintiff is entitled to costs of course, upon the rendering of a final judgment in his favor in either of the following actions: '1st. An action triable by jury to recover real property, or an interest in real property, or in which a claim of title to real property arises upon the pleadings, or is certified to have come in question upon the trial.”
The plaintiffs, having recovered a general verdict in the action, claim'the right to tax costs against the defendant by virtue of the above provisions. The defendant…
2Cases cited3 opinions
- Child v. . ChappellNew York Court of Appeals · 1853
- Aiken v. BenedictNew York Supreme Court · 1863
- Heintz v. DellingerNew York Supreme Court · 1864
3Cited by13 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Waterman v. Tidewater Associated Oil Co.Supreme Court of Louisiana · 1947
- City of Syracuse v. . HoganNew York Court of Appeals · 1923
- Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
- Russell v. WebbSupreme Court of Arkansas · 1910
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