Hunt v. Connor
New York Supreme Court
Appeal from an order allowing costs of appeal to the plaintiff. This action was brought by Samuel J. Hunt against Catharine A. Connor, administratrix of John H. Connor, upon a note of ■$3,729.13' made by defendant’s testator. The case was three times tried, resulting, on the first two occasions, in a verdict for defendant: the third trial resulted in a verdict for the plaintiff. The further facts sufficiently appear from the opinion. The defendant appealed.
1Opinion of the CourtClerke, J.
I think the provisions of the Revised Statutes, as to costs against executors and administrators, referred to in section.317 of the Code, apply only to the general costs of the action, and have no reference to appeal or interlocutory costs. The statute relating to costs in error or appeal is general,— that the successful party shall recover costs, without any exception in favor of executors or administrators; and, as Justice *467Bronson says in Judah a. Stagg (22 Wend., 641), “We are not authorized to make an exception which the Legislature has not thought proper to make.”
The respective orders of…
2Cases cited1 opinion
- Judah v. Stagg's ExecutorsNew York Supreme Court · 1840
3Cited by2 opinions
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
- In re MillerNew York Surrogate's Court · 1880