People v. Smith
New York Supreme Court
Action in the name of the people against William W. Smith, pursuant to Laws 1888, c. 577, to recover a penalty for a violation of the state game laws. The action was brought in Lewis county for a violation in Oneida county, and, defendant having been successful in his defense, costs were awarded against Lewis county. Subsequently the judgment for costs against Lewis county was vacated, and defendant now moves for judgment against Oneida county. Motion granted.
1Opinion of the CourtWright, J.
The decision of this motion depends upon the answer to the question, was this action brought to establish a right for the benefit of Oneida county? Section 3243, Code Civil Proc., provides that, “in an action * * * brought in the name of the people of the state to recover money or property, or to establish a right * * * for the benefit of a county, * * * costs shall not be awarded against the people; but, where they are awarded to the defendant, they must be awarded against the body for whose benefit the action * * * was brought.” The learned district-attorney urges that, since the county of…
2Cases cited1 opinion
- People v. . AldenNew York Court of Appeals · 1889
3Cited by1 opinion
- People v. HodnetNew York Supreme Court · 1894