Legal Opinion

People v. Newcomb

New York Supreme Court

Decided January 15, 1912Published

Motion for award of costs, by defendant, on abatement of action.

1Opinion of the CourtDevendore, J.

This action was originally brought against Sarah A. Wiggins, defendant’s intestate, to recover a penalty for a violation of the Agricultural Law. At the trial a verdict was rendered in favor of the plaintiff. An appeal was taken from the judgment 'entered thereon, and affirmance in the Appellate Division followed.

The defendant then appealed to the Court of Appeals, but before argument thereof she died, ay.d the defendant Rewcomb, as administratrix, was substituted. Thereafter the judgment of the trial court was reversed and a new trial ordered, with costs to abide the event.

The action was…

2Cases cited3 opinions

  1. Carr v. . RischerNew York Court of Appeals · 1890
  2. Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
  3. Belknap v. TrembleNew York Court of Chancery · 1830

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