Dockstader v. Sammons

4 Hill & Den. 546

Opinion

Cowen, J.

I am of opinion that the statute relating to double costs in suits against public officers (2 R. S. 617, § 24, subd. 1) does not apply to a case of this kind. The provision is, that double costs may be recovered by the defendant, where judgment is rendered in his favor upon verdict, demurrer, writ of error &c. Here the plaintiff in error—not the defendant— asks for double costs. My recollection is that this question was passed upon by the court some time ago.

Cowen, J. That is probably the case to which I referred. I think it was submitted to all the judges in consultation, and that we concurred in denying the motion for the reasons already stated.

Motion denied.