Matthewson v. Thompson

New York Supreme Court

Matthewson v. Thompson

9 How. Pr. 231

DecidedJanuary 15, 1854

StatusPublished

This text of 9 How. Pr. 231 (Matthewson v. Thompson) 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

Matthewson v. Thompson, 9 How. Pr. 231 (N.Y. Super. Ct. 1854).

Pincite

Opinion

Harris, Justice.

There was, in fact, but one defence in the action. The constable undoubtedly acted under the direction of the plaintiff in the execution. It was for him to conduct the defence. By severing in their defence, the defendants have become entitled to two bills of costs. Having thus succeeded in recovering double the amount of costs prescribed for a single defence, I do not feel authorized to increase the recovery still more hy granting to either party an extra allowance. The motion must therefore be denied.

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

Harris, Justice.

There was, in fact, but one defence in the action. The constable undoubtedly acted under the direction of the plaintiff in the execution. It was for him to conduct the defence. By severing in their defence, the defendants have become entitled to two bills of costs. Having thus succeeded in recovering double the amount of costs prescribed for a single defence, I do not feel authorized to increase the recovery still more hy granting to either party an extra allowance. The motion must therefore be denied.

Cite This Page — Counsel Stack

Bluebook (online)

9 How. Pr. 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthewson-v-thompson-nysupct-1854.