Rider v. Hubbell
New York Supreme Court
Question of costs. The defendants were sued in an action for false imprisonment in arresting the plaintiff on a warrant issued on a criminal charge. The defendants justified, one as the officer malting the arrest, and the others as aiding and assisting in the same.
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Question of costs. The defendants were sued in an action for false imprisonment in arresting the plaintiff on a warrant issued on a criminal charge. The defendants justified, one as the officer malting the arrest, and the others as aiding and assisting in the same. A judgment as in case of nonsuit was obtained by the defendants which was set aside on payment of costs, and now a motion was made to put in and file new or amended replications to the pleas of the defendants, which motion was granted also on payment of costs; a question was submitted, whether the defendants were entitled to double…
1Opinion of the Court
By the Court,
that the defendants were entitled to but single costs ; that double costs in cases of this kind were not allowed on interlocutory proceedings; they being given by the statute, (1 R. L. 155,) only in cases of a verdict for the-defendant, or of the plaintiff’s becoming nonsuit, or suffering a discontinuance. The statute does not extend to giving double costs to a defendant even on a judgment in his favor on demurrer. (5 Johns R. 182. 9 id. 254.) And costs on a motion for judgment as in case of nonsuit, in a case of this land have been adjudged to be only single. (3 Johns. R. 443.)
2Cited by2 opinions
- United States v. ColeU.S. Circuit Court for the District of Ohio · 1853
- Waring v. AckerNew York Supreme Court · 1841