Briggs v. Allen

Court for the Trial of Impeachments and Correction of Errors

Briggs v. Allen

4 Hill & Den. 538

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJune 15, 1842

StatusPublished

This text of 4 Hill & Den. 538 (Briggs v. Allen) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Briggs v. Allen, 4 Hill & Den. 538 (N.Y. Super. Ct. 1842).

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Opinion

By the Court,

Nelson, Ch. J.

The case is not within the statute. (2 R. S. 512, § 27, subd. 2, 2d ed.) The provision contemplates a verdict for the defendant on the separate count before he is entitled to costs against the plaintiff. Independently of this section, the only consequence of a nolle prosequi [540]*540as to one count or part of a count in a declaration^ is to deprive the plaintiff of costs upon the matters thus discontinued, (2 Tidd, 888 ; 2 Arch. 281; Hubbard v. Biggs, 16 East, 129.)

Motion denied,

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By the Court,

Nelson, Ch. J.

The case is not within the statute. (2 R. S. 512, § 27, subd. 2, 2d ed.) The provision contemplates a verdict for the defendant on the separate count before he is entitled to costs against the plaintiff. Independently of this section, the only consequence of a nolle prosequi [540]*540as to one count or part of a count in a declaration^ is to deprive the plaintiff of costs upon the matters thus discontinued, (2 Tidd, 888 ; 2 Arch. 281; Hubbard v. Biggs, 16 East, 129.)

Motion denied,

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Bluebook (online)

4 Hill & Den. 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-allen-nycterr-1842.

Opinion

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