Legal Opinion

Hadley v. Pethcal

New York Supreme Court

Decided October 11, 1890Published

Action by Virgil W. Hadley against Jacob Pethcal and others. Defendant moves for a new taxation of costs.

1Opinion of the CourtForbes, J.

The plaintiff in this action recovered a verdict.at the Broome circuit, against the defendants, for about $3,300, and a judgment was entered thereon. A motion was made before the justice who held the circuit for a new trial upon a case and exceptions, under section 1002 of the Code of Civil Procedure. The judgment was set aside at the special term, and a new trial was granted, with costs to the defendants to abide the event. Ho appeal was taken from the order granting a new trial, or from the judge’s determination of the question of costs upon that motion. A retrial was had at the circuit,…

2Cases cited9 opinions

  1. Durant v. AbendrothNew York Supreme Court · 1888
  2. Matter of Water Commissioners of Amsterdam, ChalmersNew York Court of Appeals · 1887
  3. Murtha v. . CurleyNew York Court of Appeals · 1883
  4. House v. LockwoodNew York Supreme Court · 1888
  5. Howell v. Van SiclenNew York Court of Appeals · 1877

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