Palmer v. Smedley
New York Supreme Court
Motion by the plaintiff for a precept for costs. The facts are sufficiently stated in the opinion. W. W. Badger, for the motion.—I. This motion is made under Laws of 1847, ch. 890. Section 3 is intended to include all interlocutory costs, and to substitute a fieri facias for an attachment. (Hulsaver a. Wiles, 11 How. Pr. 446 ; Mitchell a. Westervelt, 6 Ib., 265 ; Wetzel a. Schultz, 13 Ib., 191 ; Lucas a. Johnston, 6 Ib., 121.) II. The costs claimed are clearly interlocutory.
Read the full summary
Motion by the plaintiff for a precept for costs. The facts are sufficiently stated in the opinion. W. W. Badger, for the motion.—I. This motion is made under Laws of 1847, ch. 890. Section 3 is intended to include all interlocutory costs, and to substitute a fieri facias for an attachment. (Hulsaver a. Wiles, 11 How. Pr. 446 ; Mitchell a. Westervelt, 6 Ib., 265 ; Wetzel a. Schultz, 13 Ib., 191 ; Lucas a. Johnston, 6 Ib., 121.) II. The costs claimed are clearly interlocutory. A demurrer to part of an answer is substantially a motion to strike out the same. III. The costs belong to the…
1Opinion of the CourtBarnard, J.
—A demurrer was interposed by plaintiff to one of two defences contained in the answer, and the demurrer sustained with costs. Motion is now made for a.precept to issue for the costs, or for an order directing the costs to be paid, and for final judgment in case of default in payment, with costs of motion, and for an order directing the issue of fact to be placed in the calendar for trial at its proper place according to its date.
*186As the law existed prior to the Revised Statutes, when there were several issues, the party prevailing on the whole record recovered his costs without any deduction…
2Cited by3 opinions
- Bernheimer v. HartmayerNew York Supreme Court · 1901
- Armstrong v. CummingsNew York Supreme Court · 1880
- Uhler v. RyerCity of New York Municipal Court · 1888