Garvey v. United States Horse & Cattle Show Society

38 N.Y.S. 171, 1 N.Y. Ann. Cas. 406, 73 N.Y. St. Rep. 360

• Court: New York Court of Common Pleas
• Decided: March 15, 1895
• Status: Published

Opinion

PRYOR, J.

The disallowance of costs to defendant was improvident. Upon denial of a motion for a new trial on a case settled, the successful party is entitled to costs as of right, and those costs are the same as on appeal. The cases cited by plaintiff sustain his contention, but they are contrary to Atkinson v. Truesdell (Super. N. Y.) 7 N. Y. Supp. 801, and Wilcox v. Daggett, 15 N. Y. Wkly. Dig. 208, and to the adjudication of this court in Perkins v. Quarry Co. (Com. Pl.) 32 N. Y. Supp. 236.