Heimers v. Davidson

City of New York Municipal Court

Heimers v. Davidson

2 N.Y. City Ct. Rep. 308

DecidedApril 15, 1886

StatusPublished

This text of 2 N.Y. City Ct. Rep. 308 (Heimers v. Davidson) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heimers v. Davidson, 2 N.Y. City Ct. Rep. 308 (N.Y. Super. Ct. 1886).

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Opinion

McAdam, Ch. J.

Where a public officer succeeds at. the trial in obtaining “ a final judgment in his favor,” he is entitled to double costs (Code, § 3258). If the judgment so obtained by him is affirmed on appeal, he is. entitled to double costs on the appeal (Burkle v. Luce, 1 N. Y. 293; S. C., 3 How. Pr. 236). But if the public, officer does not obtain a final judgment in his favor, he cannot obtain double costs upon a mere reversal of the judgment, which is not a final adjudication. He must, according to the statute as interpreted by the courts, succeed on the trial or obtain a final judgment in his favor before the right to double costs attaches (3 law Bull. 29; 18 How, Pr. 468; 4 Hill, 546; 6 How. Pr. 253; 9 Id. 80); [309]*309but when, it once attaches by force - of the statute, it applies to any appeal at which he succeeds in sustaining the judgment originally rendered in his favor.

Taxation affirmed.

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McAdam, Ch. J.

Where a public officer succeeds at. the trial in obtaining “ a final judgment in his favor,” he is entitled to double costs (Code, § 3258). If the judgment so obtained by him is affirmed on appeal, he is. entitled to double costs on the appeal (Burkle v. Luce, 1 N. Y. 293; S. C., 3 How. Pr. 236). But if the public, officer does not obtain a final judgment in his favor, he cannot obtain double costs upon a mere reversal of the judgment, which is not a final adjudication. He must, according to the statute as interpreted by the courts, succeed on the trial or obtain a final judgment in his favor before the right to double costs attaches (3 law Bull. 29; 18 How, Pr. 468; 4 Hill, 546; 6 How. Pr. 253; 9 Id. 80); [309]*309but when, it once attaches by force - of the statute, it applies to any appeal at which he succeeds in sustaining the judgment originally rendered in his favor.

Taxation affirmed.

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2 N.Y. City Ct. Rep. 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heimers-v-davidson-nynyccityct-1886.

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