Hopper v. Ersler
The Superior Court of New York City
Judgment for costs for defendant on appeal to the, general term. Thereafter plaintiff recovered judgment, and moved to set off a judgment for costs against the second judgment The judgment for costs had in the meantime been signed.
1Opinion of the Court
McADAM, J.—
The action was commenced in this court prior to November, 1892, and on April 12, 1893, the defendants recovered judgment against the plaintiff for $90.80, costs of an appeal to the general term. The action thereafter proceeded, and the plaintiff, on August 28,1894, recovered a judgment against the defendants for $1,651.46, which he has been unable to collect. The. present motion is by the plaintiff to set off the first judgment (as far as practicable) against the second. Objection is made that the first judgment was for costs only, and was equitably the property of the attorney,;…
2Cases cited2 opinions
- Davidson v. . AlfaroNew York Court of Appeals · 1880
- Hoyt v. GodfreyNew York Court of Common Pleas · 1882