Ewell v. Kennedy

Appellate Terms of the Supreme Court of New York

Ewell v. Kennedy

85 N.Y.S. 1129

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 7, 1904

StatusPublished

This text of 85 N.Y.S. 1129 (Ewell v. Kennedy) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ewell v. Kennedy, 85 N.Y.S. 1129 (N.Y. Ct. App. 1904).

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Opinion

PER CURIAM.

We do not think that any question of title to real property arises under the pleadings in this action to entitle the plaintiff to a full bill of costs, as claimed by him, [1130]*1130under section 3228 of the Code of Civil Procedure. So far, however, as the order directs the entry of judgment in favor of the defendants for the amount of the costs as taxed, it is unauthorized ; and the order appealed from should be modified by striking out the provision to that effect, and, as modified, affirmed, without costs to either party.

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PER CURIAM.

We do not think that any question of title to real property arises under the pleadings in this action to entitle the plaintiff to a full bill of costs, as claimed by him, [1130]*1130under section 3228 of the Code of Civil Procedure. So far, however, as the order directs the entry of judgment in favor of the defendants for the amount of the costs as taxed, it is unauthorized ; and the order appealed from should be modified by striking out the provision to that effect, and, as modified, affirmed, without costs to either party.

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Bluebook (online)

85 N.Y.S. 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewell-v-kennedy-nyappterm-1904.