Gidney v. Spelman

New York Supreme Court

Gidney v. Spelman

6 Wend. 525

CourtNew York Supreme Court

DecidedMarch 3, 1831

StatusPublished

Cited by1 cases

This text of 6 Wend. 525 (Gidney v. Spelman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gidney v. Spelman, 6 Wend. 525 (N.Y. Super. Ct. 1831).

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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.

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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.

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Bluebook (online)

6 Wend. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gidney-v-spelman-nysupct-1831.

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