Hoadley v. Cuyler
New York Supreme Court
On the seventh day of August last a rule was entered setting aside an inquest on payment of costs. On the twenty-seventh day of the same month, an offer to pay the costs when they should be didy taxed was made by the defendant. The costs not being paid within the twenty days after the entry of the rule setting aside the inquest, the plaintiff issued an execution, which was now moved to be set aside for irregularity.
1Opinion of the Court
By the Court,
Savage, Ch. J.
In the case of Southerland v. Sheffield, 2 Wendell, 293, in which the proceedings of the plaintiff were set aside on payment of costs, it was said under the peculiar circumstances of that case, that the defendant was not bound to pay the costs until they were taxed: the plaintiff demanding a sum in gross, and refusing to give a bill of items. Applying what was said in that case to ordinary cases, it is understood that many of the profession have fallen into an' error on this subject. It always was the practice of this court, that a party relieved on paying costs,…
2Cases cited1 opinion
- Southerland v. SheffieldNew York Supreme Court · 1829
3Cited by4 opinions
- Mitchell v. WesterveltNew York Supreme Court · 1851
- Ford v. DavidThe Superior Court of New York City · 1857
- State ex rel. Von Phul v. HarrisonMissouri Court of Appeals · 1893
- Dodd v. LewisMassachusetts Supreme Judicial Court · 1813