Sanders v. Townshend
New York Court of Common Pleas
Appeal from the taxation of the clerk for disallowing the defendant’s costs of the appeal to the general term. On the trial of this action before Hon. J. F. Halt, J., and a jury, it resulted in a judgment for the defendant. From the judgment the plaintiff appealed to the general term, and that court reversed the judgment, and ordered a new trial, with costs to abide the event.
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Appeal from the taxation of the clerk for disallowing the defendant’s costs of the appeal to the general term. On the trial of this action before Hon. J. F. Halt, J., and a jury, it resulted in a judgment for the defendant. From the judgment the plaintiff appealed to the general term, and that court reversed the judgment, and ordered a new trial, with costs to abide the event. From this the defendant appealed to the court of appeals, which court reversed the general term and affirmed the trial term. Upon this the defendant presented his bill of costs on appeal to the general term to the clerk…
1Opinion of the CourtVan Hoesen, J.
Motion for retaxation under section 3265. The action has ended. The event—i. e., the result of the litigation — was that the defendant obtained judgment. The costs of the appeal to the general term abided—i. e., depended upon — the final result of the litigation. When that result was reached- the party who prevailed became entitled to the costs of the appeal to the general term. The costs of that appeal belong, therefore, to the defendant, the party finally prevailing in the litigation.
2Cited by3 opinions
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hadley v. PethcalNew York Supreme Court · 1890
- Haebler v. MyersNew York Supreme Court · 1890