Scudder v. Gori
The Superior Court of New York City
The complaint in this action was dismissed by the judge, at the trial, on the 22d of May, 1862. The further proceedings were stayed by the order of the justice who tried the cause, until a case could be made and settled, and a motion for anew trial could be made and decided.
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The complaint in this action was dismissed by the judge, at the trial, on the 22d of May, 1862. The further proceedings were stayed by the order of the justice who tried the cause, until a case could be made and settled, and a motion for anew trial could be made and decided. The motion for a new trial was made at a special term, and denied at the May term, 1864. Judgment was thereupon entered against the plaintiff, for costs, the costs being taxed under the the law existing May, 1864. Upon an appeal from the taxation, the justice at special term decided that the costs must be adjusted…
1Opinion of the Court
By the Court, Monell, J.
I am constrained to adhere to the case in this court, (Moore v. Westervelt, 14 How. Pr. 279,) which holds that the costs must be adjusted according to the Code as it existed at the time of the verdict, as respects all items prior to that date. It is there said that the “ recovery ” which gives the right to costs, mentioned in the statute, means the. “ verdict,” and not the judgment. This decision was made at general term, in July, 1857, and no amendment of the Code affecting this question, has since been made, Crary v. Norwood, (5 Abb. 219,) decided about the same…
2Cases cited2 opinions
- Jackett v. JuddNew York Supreme Court · 1859
- Moore v. WesterveltThe Superior Court of New York City · 1857