Armstrong v. Cummings
New York Supreme Court
Appeal from an order setting off certain costs awarded to the plaintiff by the court, on sustaining a demurrer interposed by her to parts of the defendant’s answer in this action, against an equal amount of a judgment for costs,-recovered against her by the defendant in another action in this court. • The plaintiff commenced, on December 19, 1879, an action in this court against the defendant and Mr. Justice Charles D. Ingersoll, then presiding in the Seventh Judicial…
Read the full summary
Appeal from an order setting off certain costs awarded to the plaintiff by the court, on sustaining a demurrer interposed by her to parts of the defendant’s answer in this action, against an equal amount of a judgment for costs,-recovered against her by the defendant in another action in this court. • The plaintiff commenced, on December 19, 1879, an action in this court against the defendant and Mr. Justice Charles D. Ingersoll, then presiding in the Seventh Judicial District Court, to restrain certain proceedings instituted for the purpose of removing the plaintiff from premises owned by…
1Opinion of the Court
Pee Ouriam :
We are of opinion that the costs of the demurrer were not capable of assignment at the time when such costs are said to have been assigned. They were not interlocutory, but final costs. They could not be enforced by precept or otherwise at this stage of the action. The plaintiff cannot recover them until judgment is rendered upon the issues in the cause generally. (Palmer v. Smedley, 13 Abb. Pr., 185; Mora v. Sun Mutual Ins. Co., Id., 304.)
Order affirmed.
Present — Brady, P. J., and Barrett, J.
Order affirmed, with $10 costs, and disbursements.
2Cases cited1 opinion
- Palmer v. SmedleyNew York Supreme Court · 1861