Prentiss v. Bowden
The Superior Court of the City of New York and Buffalo
Action by George Lewis Prentiss, guardian, against Ellen Bowden. An application by defendant for an award of costs and an allowance other than the costs awarded in the court of appeals was denied, and defendant appeals. Plaintiff moves to dismiss the appeal. Granted.
1Opinion of the CourtMcADAM, J.
Upon filing the remittitur from the court of appeals the question arose whether the defendant—the party finally successful—was entitled to costs in that or all the courts. The special term judge decided that as the suit was in equity, and no costs had been awarded by the trial judge, the prevailing party was entitled to the costs of the court of final resort, and to those alone. The defendant acted upon the order, and entered judgment for such costs, aggregating $116.23, which were paid, and about the same time appealed from so much of the order as denied her the costs of the court below. The…
2Cases cited5 opinions
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Canfield v. GaylordNew York Supreme Court · 1834
- National Board of Marine Underwriters v. National BankNew York Court of Appeals · 1895
- Patten v. . StittNew York Court of Appeals · 1872
- Wilkin v. . RapleeNew York Court of Appeals · 1873