Quinn v. Winter
City of New York Municipal Court
Action by Virginia J. Quinn against Herman T. Winter for damages for injuries to certain land of which plaintiff was owner. Plaintiff recovered nominal damages, and judgment was entered therefor, and for costs. The judge, at special term of the city court of New York, on appeal from this taxation of costs in plaintiff’s favor, set the judgment aside, and awarded costs to defendant.
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Action by Virginia J. Quinn against Herman T. Winter for damages for injuries to certain land of which plaintiff was owner. Plaintiff recovered nominal damages, and judgment was entered therefor, and for costs. The judge, at special term of the city court of New York, on appeal from this taxation of costs in plaintiff’s favor, set the judgment aside, and awarded costs to defendant. Judgment was thereupon entered for defendant for costs on April 4,1889. Prom this order of the special term plaintiff appealed to the general term, where the order was reversed, with costs, and an order entered…
1Opinion of the CourtMcAdam, C. J.
The judgment of April 4, 1889, was regularly entered by the defendant, for there could be but one judgment in the action. Johnson v. Farrell, 10 Abb. Pr. 384. By the reversal of the general term order, its entire effect was wiped out, as if it never had an existence, (Murtha v. Curley, 3 Civ. Proc. R. 266, 92 N. Y. 359;) and, as a necessary consequence, the judgment directed by the special term, and entered April 4,1889, was eo instanti reinstated. Ho appeal was taken from the verdict or the “six cent” part of the judgment, and consequently the foundation upon which the right to costs…
2Cases cited2 opinions
- Murtha v. . CurleyNew York Court of Appeals · 1883
- Johnson v. FarrellNew York Supreme Court · 1860