Heath v. Forbes

City of New York Municipal Court

Heath v. Forbes

11 N.Y.S. 87, 1890 N.Y. Misc. LEXIS 617

City of New York Municipal Court·Decided February 13, 1890·Published·Cited by 1 cases

Opinion

McAdam, C. J.

The clerk properly refused to tax the defendant’s costs. See Cooper v. Jolly, 30 Hun, 224, affirmed, 96 N. Y. 667; Briggs v. Allen, 4 Hill, 538; Williard v. Strachan, 3 Civil Proc. R. 452; Crosley v. Cobb, 42 Hun, 167; Reed v. Batten, 6 N. Y. Supp. 708,—which must prevail against the case reported in 41 Hun, 249, (Blashfield v. Blashfield.) The rule as settled seems to be that to entitle a defendant to costs in a case where he succeeds as to one of several causes of action, nothing short of a specific verdict in his favor as to such cause of action will suffice. Action of clerk affirmed. See Durant v. Abendroth, 13 Civil Proc. R. 434.

Free access — add to your briefcase to read the full text and ask questions with AI

McAdam, C. J.

The clerk properly refused to tax the defendant’s costs. See Cooper v. Jolly, 30 Hun, 224, affirmed, 96 N. Y. 667; Briggs v. Allen, 4 Hill, 538; Williard v. Strachan, 3 Civil Proc. R. 452; Crosley v. Cobb, 42 Hun, 167; Reed v. Batten, 6 N. Y. Supp. 708,—which must prevail against the case reported in 41 Hun, 249, (Blashfield v. Blashfield.) The rule as settled seems to be that to entitle a defendant to costs in a case where he succeeds as to one of several causes of action, nothing short of a specific verdict in his favor as to such cause of action will suffice. Action of clerk affirmed. See Durant v. Abendroth, 13 Civil Proc. R. 434.

Heath v. Forbes, 11 N.Y.S. 87, 1890 N.Y. Misc. LEXIS 617 (N.Y. Super. Ct. 1890).

Pincite

11 N.Y.S. 87 (Heath v. Forbes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related