Avery v. Curtiss

New York Supreme Court

Avery v. Curtiss

3 Cow. 369

DecidedOctober 15, 1824

StatusPublished

This text of 3 Cow. 369 (Avery v. Curtiss) 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

Avery v. Curtiss, 3 Cow. 369 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Curia.

This case comes within the second section of the general statute concerning costs, (1 R. L. 343) the construction of which, in reference to this question, was considered" in the case, Ex parte Nelson, (1 Cowen’s Rep. 417). Though the question was not directly decided, the reasoning of that case applies. The course upon the English statute, which is worded like our second section, has always been to deny costs to one whose co-defendants are convicted, though a verdict pass for him. The 10th section, (1 R. L. 345) applies to certain actions arising ex delicto only. The potion must be granted.

Motion granted,

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Curia.

This case comes within the second section of the general statute concerning costs, (1 R. L. 343) the construction of which, in reference to this question, was considered" in the case, Ex parte Nelson, (1 Cowen’s Rep. 417). Though the question was not directly decided, the reasoning of that case applies. The course upon the English statute, which is worded like our second section, has always been to deny costs to one whose co-defendants are convicted, though a verdict pass for him. The 10th section, (1 R. L. 345) applies to certain actions arising ex delicto only. The potion must be granted.

Motion granted,

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Bluebook (online)

3 Cow. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-curtiss-nysupct-1824.