Mcintyre v. German Savings Bank
New York Supreme Court
Appeal from special term, New York county. Action by Catharine McIntyre against the German Savings Bank and others. Plaintiff appeals from part of an order, which stayed, until the entry of final judgment, the collection of costs granted to her by an order of the general term affirming an order of the special term denying a motion by defendants for a new trial, and which vacated an execution issued for the collection of-such costs.
1Opinion of the CourtVan Brunt, P. J.
Section 3239 of the Code provides that'upon an appeal from an interlocutory judgment or order in an action costs are in the discretion of the court, and may be awarded absolutely or to abide the event, except as follows: When the appeal is taken from an order granting or refusing a new trial, and the decision upon the appeal refuses a new trial, the respondent is entitled of course to the costs of the appeal. In the case at bar the appeal was from an order of the special term denying a motion for a'new trial on a ease and exceptions, and such order was affirmed, and, in pursuance of the…
2Cited by9 opinions
- Wishek v. HammondNorth Dakota Supreme Court · 1900
- Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Foley v. CarterAppellate Division of the Supreme Court of the State of New York · 1925
- Molloy v. BarkleyCourt of Appeals of Kentucky (pre-1976) · 1927
- Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1903
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