Williams v. Wright
New York Supreme Court
This was a motion to set off the defendant’s against the plaintiff’s costs. The action was replevin. The declaration contained three counts, alleging the taking of the same property in three several places. To the first count the defendant put in two avowries, and to the second and third counts plead cepit in alio loco, with an avowry for a return of the property, and non cepit to the whole declaration.
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This was a motion to set off the defendant’s against the plaintiff’s costs. The action was replevin. The declaration contained three counts, alleging the taking of the same property in three several places. To the first count the defendant put in two avowries, and to the second and third counts plead cepit in alio loco, with an avowry for a return of the property, and non cepit to the whole declaration. The plaintiff demurred to the avowries, one of which was determined in favor of the plaintiff, the other in favor of the defendant. On the trial of the cause at the circuit, the plaintiff…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is a sufficient answer to this application, that it is not shewn that the defendant has had a bill of costs taxed, which he can claim to be set off. But had he obtained his bill to be taxed, he would not have been entitled to set it off against the plaintiff’s costs in this case. The application is made on the supposition, that the defendant having prevailed on one of the issues of law, is entitled to the costs of that issue. This is not so. The party prevailing on the whole record, is alone entitled to costs. Here the plaintiff has prevailed: he obtained a…
2Cited by6 opinions
- Boyd v. CommonwealthSupreme Court of Virginia · 1883
- Wright v. WilliamsNew York Supreme Court · 1829
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1905
- Osborne v. LawrenceNew York Supreme Court · 1832
- Hathaway v. RoachU.S. Circuit Court for the District of Massachusetts · 1846
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