Union Trust Company v. . Whiton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term. (Reported below, 17 Hun, 573.) The nature of the Special Term order and the facts appear in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term. (Reported below, 17 Hun, 573.) The nature of the Special Term order and the facts appear in the opinion. Costs having been •awarded to abide the event, without stating to which party, the one succeeding on the new trial is entitled to them. {Koon v. Thurman, 2 Hill, 357; Van Wyck v. Baker, 11 Hun, 309; Lottie v. Krakauer, Daily Register, Feb. 12, 1879; Mott v. Consumer’s Ice Co., 8 Weekly Digest, 145; Flynn v. Fq. L. Ass. Soc’y, 8 id., 395.) When a new trial is…
1Per curiam
Plaintiff was nonsuited. On appeal a new trial was ordered, costs to abide the event. On the second trial defendant had a verdict. The clerk taxed costs of . appeal in favor of defendant, and an order was made at Special Term directing a re-taxation, and disallowing costs of appeal.
The General Term affirmed this order, and defendant appeals to this court. The appeal is from a construction by the General Term of its own order, which is in accordance with the construction of other similar orders, and we think such interpretation of its own order ought not to be interfered with by this court.
The…
2Cited by11 opinions
- Durant v. AbendrothNew York Supreme Court · 1888
- First National Bank v. Fourth National BankNew York Court of Appeals · 1881
- Cohu v. HussonNew York Court of Common Pleas · 1885
- First N. B'k Meadville v. . Fourth N. B'k N.Y.New York Court of Appeals · 1881
- Herbst v. Vacuum Oil Co.New York Supreme Court · 1893
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