Dunckel v. Farley
New York Supreme Court
Motion by plaintiff for the* allowance of full single costs according to the statute.—This was an action of trespass quare clausum fregit upon wild unoccupied and uninclosed lands, and for cutting down, &c., the wood, trees and timber, then growing and being, &c. Plea, not guilty. Tried at the last Montgomery circuit in which the plaintiff had a verdict for six cents damages and six cents costs.
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Motion by plaintiff for the* allowance of full single costs according to the statute.—This was an action of trespass quare clausum fregit upon wild unoccupied and uninclosed lands, and for cutting down, &c., the wood, trees and timber, then growing and being, &c. Plea, not guilty. Tried at the last Montgomery circuit in which the plaintiff had a verdict for six cents damages and six cents costs. The circuit judge gave a certificate that the title to land came in question on the trial of the cause on the part of the plaintiff. A motion is now made in behalf of the plaintiff for full single…
1Opinion of the Court
Jewett, Justice.
It is enacted, (2 R. S., 613, § 3,) that “In the following cases, if the plaintiff recover judgment by default, upon confession, verdict, demurrer, or otherwise, in any action or proceeding at law, he shall recover the costs allowed for services in the court in which the action shall be brought. 1st. In all the actions relating to real estate enumerated in the fifth chapter of this act, and in all proceedings to recover the possession of land forcibly entered or forcibly detained. 2d. In all actions in which the title to lands or tenements, or a right of way or a right by…
2Cases cited2 opinions
- Babcock v. LambNew York Supreme Court · 1823
- Van Buskirk v. IrvingNew York Supreme Court · 1827