Stoddard v. Clarke
New York Court of Appeals
Appeal from an order. Russell Stoddard sued Will W. Clarke (sheriff of Ontario county), in the supreme court, to recover a number of chattels, taken by defendant under an execution against a third person.
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Appeal from an order. Russell Stoddard sued Will W. Clarke (sheriff of Ontario county), in the supreme court, to recover a number of chattels, taken by defendant under an execution against a third person. On the trial, the jury found that certain of the articles, amounting in value to over eighteen hundred dollars’ worth, belonged to plaintiff, and awarded him six cents damages for their detention; and that the others, amounting in value to over two thousand dollars, belonged to defendant, and awarded to him twenty-five dollars damages for their detention by plaintiff. The clerk taxed costs…
1Opinion of the Court
By the Court.—Andrews, J.
The right to recover costs in an action is statutory. Unless the party claiming them can show a statute in his favor, he must fail.
If in this case the defendant was entitled to costs, it is by force of the provisions of the Code of Procedure, or for the reason that they were given by the Revised Statutes, and that these statutes have not, in this respect, been repealed.
Title 10 of the Code of Procedure is entitled “of the costs in civil actions.” And the first section repeals all statutes establishing or regulating the costs of attorneys, solicitors, and counsel in…
2Cases cited2 opinions
- Seymour v. BillingsNew York Supreme Court · 1835
- Bartle v. . GilmanNew York Court of Appeals · 1858