Barnard v. . Hall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 14, 1894, which affirmed an order of Special Term directing judgment in favor of plaintiff to be entered upon a remittitur of the Court of Appeals. The facts, so far as material, are stated in the opinion. Costs in equity actions are not a matter of right, but are governed by section 3230 of the Code of Civil Procedure. (Phelps v. Wood, 46 How.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 14, 1894, which affirmed an order of Special Term directing judgment in favor of plaintiff to be entered upon a remittitur of the Court of Appeals. The facts, so far as material, are stated in the opinion. Costs in equity actions are not a matter of right, but are governed by section 3230 of the Code of Civil Procedure. (Phelps v. Wood, 46 How. Pr. 1; Block v. O’Brien, 23 Hun, 82; Sisters of Charity v. Kelly, 68 N. Y. 628 ; In re Water Comr., etc., 104 id. 677; Thomas v. White, 50 Hun, 441.)…
1Per curiam
The action was brought by plaintiff’s intestate to reform a certain trust deed relating to her property and, upon her death, it was continued by plaintiff. At the Special Term the trial resulted, in a dismissal of the complaint; but, upon appeal, the General Term reversed the judgment in favor of the defendant and ordered a new trial, with costs to abide the event. From their order the defendants appealed to this court, where the judgment was affirmed, and, under the stipulation of the defendants, judgment absolute was ordered by this court for the plaintiff, with costs. (Barnard v. Gantz,…
2Cases cited1 opinion
- Barnard v. . GantzNew York Court of Appeals · 1893
3Cited by6 opinions
- Fulton v. KrullAppellate Division of the Supreme Court of the State of New York · 1912
- Sowma v. StateNew York Court of Claims · 1953
- Hascall v. KingAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Keene v. Board of Sup'rsNew York Supreme Court · 1894
- Hammel v. Camp Ranger, Inc.New York Supreme Court · 1950
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