Anon

New York Supreme Court

Anon

19 Wend. 225

CourtNew York Supreme Court

DecidedJanuary 15, 1838

StatusPublished

Cited by2 cases

This text of 19 Wend. 225 (Anon) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anon, 19 Wend. 225 (N.Y. Super. Ct. 1838).

Pincite

Opinion

Per Curiam.

Where the judgment affirmed was ren dered after verdict, the statute authorizes the court in its discretion to give judgment that the defendant in error recover twice the amount of his taxed bill of costs, 2 R. S. 618, § 33 ; and where the plaintiff in error in such case suffers a default on the cause being called on the calendar, we have directed a rule to be entered accordingly. But a judgment on a report of referees is not within the terms of the statute, and statutes giving costs are always construed strictly. The motion cannot be granted.

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Per Curiam.

Where the judgment affirmed was ren dered after verdict, the statute authorizes the court in its discretion to give judgment that the defendant in error recover twice the amount of his taxed bill of costs, 2 R. S. 618, § 33 ; and where the plaintiff in error in such case suffers a default on the cause being called on the calendar, we have directed a rule to be entered accordingly. But a judgment on a report of referees is not within the terms of the statute, and statutes giving costs are always construed strictly. The motion cannot be granted.

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Bluebook (online)

19 Wend. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anon-nysupct-1838.

Opinion

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