Otis v. Forman
New York Court of Chancery
This was an application, by the complainant, for a retaxation of the defendant’s costs, upon a decree for the dismissal of the complainant’s bill. The principal items objected to were, the costs upon a motion made by the defendant, to dissolve an injunction which had been granted in the cause; and nothing was said in the order in relation to the costs of the application.
1Opinion of the Court
The Chancellor.
The necessary costs of the defendant upon his successful motion to dissolve the injunction were properly taxable, as costs in the cause; although nothing was *32said in reference to costs, upon the decision of that application. The rule as to the taxation of the costs of interlocutory proceeding's, as costs in the cause, is stated by the court in the case of Stafford v. Bryan, (2 Paige’s Rep. 52.) It is not usual to give costs to the defendant at the dissolution of an injunction, upon bill and answer, where the bill upon its face was sufficient to entitle the complainant to the…
2Cases cited1 opinion
- In re RootNew York Court of Chancery · 1841