Jackson, ex dem. v. Van Antwerp
New York Supreme Court
Motion that landlord pay costs. This suit was defended by James Wadsworth, in the name of the defendant, his tenant. The plaintiff succeeded; and now, on shewing a return of nulla bona on a fi. fa. issued against the defendant for the costs of the suit, and the poverty of the defendant, a rule was asked for, that the landlord pay the costs.
1Opinion of the Court
By the Court,
Sutherland, J.
The party in interest is liable for the costs. Take a rule that James Wadsworth pay the same, or that he shew cause by the first day of the next term, why an attachment should not issue against him.
Motion granted.*
Parties in interest suing in the names of others, have uniformly been adjudged to pay costs. (20 Johns. R. 475. 2 Cowen, 460. 5 Cowen, 17.)
2Cited by7 opinions
- The Farmers' Loan and Trust Co. v. . KurschNew York Court of Appeals · 1851
- Johnston v. Mann's ExecutorsWest Virginia Supreme Court · 1882
- Scott v. JohnSupreme Court of Alabama · 1849
- Hallett v. HastieSupreme Court of Alabama · 1859
- Hiscock v. TuckAppellate Division of the Supreme Court of the State of New York · 1907
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