Buzard v. Gross
New York Supreme Court
This suit was commenced in the late Court of Common Pleas of Erie County, against the defendant for mal-practice as a physician and surgeon.
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This suit was commenced in the late Court of Common Pleas of Erie County, against the defendant for mal-practice as a physician and surgeon. The action was tried in the Common Pleas and a verdict rendered for plaintiff of $1000, upon which judgment was perfected in the Common Pleas, a case was made before the 1st July, 1847, and after that date a motion made thereon for a new trial in the Supreme Court, which motion was denied in November, 1848, with costs to be paid by the defendant. The costs of the plaintiff on the motion for a new trial were duly taxed on the 5th day of December, 1848, at…
1Opinion of the Court
Welles, Justice.
By the 2d section of the act, ch. 390, Laws of 1847, p. 491, it is provided that no person shall be imprisoned for the non-payment of interlocutory costs, or for contempt of court in not paying costs, except attorneys, solicitors and counsellors and officers of court, when ordered to pay costs for misconduct as such, and witnesses when ordered to pay costs on attachment for non-attendance.
The second section of the act supplies the remedy by process in the nature of a fieri facias against personal property, for the collection of costs, in the cases where the remedy by…
2Cited by1 opinion
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