Crosby v. Brown
New York Supreme Court
'An appeal from an order, made at special term, denying a motion for re-adjustment of costs. The action was commenced in justice’s court, where the plaintiffs had a judgment. The defendant appealed to the county court, where a re-trial was had before a referee, and the plaintiffs again recovered. The defendant then applied to the county court on a case containing exceptions for a new trial, and the same was ordered with costs to abide the event.
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'An appeal from an order, made at special term, denying a motion for re-adjustment of costs. The action was commenced in justice’s court, where the plaintiffs had a judgment. The defendant appealed to the county court, where a re-trial was had before a referee, and the plaintiffs again recovered. The defendant then applied to the county court on a case containing exceptions for a new trial, and the same was ordered with costs to abide the event. The plaintiffs appealed from such order to the general term of the supreme court, and the order appealed from was here reversed. The memorandum of…
1Opinion of the Court
By the court, Barker, J.
The disposition to be made of this appeal is determined by the case of Woodbury agt. Morton, (ante p 56.)
In that case the cause originated in justice’s court, and was re-tried in the county court on appeal; A new trial was granted in the county court upon a case containing exceptions. An appeal from such order was taken to the general term. It was held that the successful party on that appeal could not recover costs as allowed by sub-division 5 of section 307 of the Code. That it presented a case coming within the exceptions enumerated in same sub-division. That the…
2Cases cited1 opinion
- Williams v. MurrayNew York Supreme Court · 1866