McCann v. Bradley

New York Supreme Court

McCann v. Bradley

15 How. Pr. 79

CourtNew York Supreme Court

DecidedNovember 15, 1855

StatusPublished

Cited by2 cases

This text of 15 How. Pr. 79 (McCann v. Bradley) 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

McCann v. Bradley, 15 How. Pr. 79 (N.Y. Super. Ct. 1855).

Pincite

Opinion

By the court—Cowles, Justice.

What costs a party is entitled to, depends upon the state of facts and the law, as they exist at the date of the judgment. They do not vest from time to time as the suit proceeds.

Therefore if the law pendente lite, alters or amends the law as to costs, the state of the case at the date of the judgment controls

Here the suit abated unless it was revived, and without asking the administrators here to refer, the plaintiff revived the suit and went on. Besides, he claimed more than he was entitled to, so plaintiff cannot recover his costs.

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

By the court—Cowles, Justice.

What costs a party is entitled to, depends upon the state of facts and the law, as they exist at the date of the judgment. They do not vest from time to time as the suit proceeds.

Therefore if the law pendente lite, alters or amends the law as to costs, the state of the case at the date of the judgment controls

Here the suit abated unless it was revived, and without asking the administrators here to refer, the plaintiff revived the suit and went on. Besides, he claimed more than he was entitled to, so plaintiff cannot recover his costs.

Cite This Page — Counsel Stack

Bluebook (online)

15 How. Pr. 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccann-v-bradley-nysupct-1855.

Opinion

Related

Cite This Page — Counsel Stack