Ury v. Wilde
The Superior Court of the City of New York and Buffalo
Action on a contract for the recovery of $480. Defendant set up a counterclaim to the amount of $200. The jury found a verdict in defendant’s favor for $1. The court taxed defendant’s bill of costs, but refused to tax plaintiff’s bill, and thereupon lie moved for a new taxation.
1Opinion of the CourtTruax, J.
The right of a party to an action to costs in that action depends upon the Code of Civil Procedure. The plaintiff is entitled to costs in certain actions “upon the rendering of a final judgment in his favor.” Section 3228. The final judgment in this action not having been rendered in his favor, the plaintiff is not entitled to costs. Section 3229 provides that the defendant is entitled to costs “upon the rendering of final judgment in an action specified in the last section, unless the plaintiff is entitled to costs, as therein prescribed. ” It has been shown that under section 3228 the…
2Cases cited5 opinions
- Kalt v. LignotNew York Supreme Court · 1856
- Thayer v. HollandNew York Court of Common Pleas · 1882
- Whitelegge v. De WittNew York Court of Common Pleas · 1884
- Landsberger v. Magnetic Telegraph Co.New York Supreme Court · 1858
- Kalt v. LignotNew York Supreme Court · 1856
3Cited by2 opinions
- David & Son v. Hurgren & AndersonCalifornia Supreme Court · 1899
- Rohrs v. RohrsCity of New York Municipal Court · 1911