Gidney v. Spelman

6 Wend. 525

Opinion

By the Court,

Savage, Ch. J.

Costs are not given on a motion to change the venue, unless specially allowed. When the venue is changed the costs abide the event, and are taxed in the bill of the prevailing party, 20 Johns. R. 475; but when the motion is denied, although the party succeeds in his defence to the action, he is not allowed the costs of the motion, A party failing in a motion is not entitled to the costs of such motion, although he succeeds in the suit. 4 Cowen, 21. 6 id. 42.