Mechanics' Bank v. Snowden

New York Court of Chancery

Mechanics' Bank v. Snowden

2 Paige Ch. 299, 1830 N.Y. LEXIS 417, 1830 N.Y. Misc. LEXIS 39

New York Court of Chancery·Decided August 24, 1830·Published

Opinion

The Chancellor.

' As no appeal has been actually entered, the complainants are not entitled to the usual costs on the affirmance of an order. But having been improperly brought here, the defendant must pay them the costs of appearing to oppose the hearing on the appeal. The chancellor has jurisdiction to award such costs, although there is no general jurisdiction in relation to the cause,-which is not regularly before him. ( The People ex rel. Mallard, v. The Judges of Madison County. 7 Cowen, 423. )

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The Chancellor.

' As no appeal has been actually entered, the complainants are not entitled to the usual costs on the affirmance of an order. But having been improperly brought here, the defendant must pay them the costs of appearing to oppose the hearing on the appeal. The chancellor has jurisdiction to award such costs, although there is no general jurisdiction in relation to the cause,-which is not regularly before him. ( The People ex rel. Mallard, v. The Judges of Madison County. 7 Cowen, 423. )

Mechanics' Bank v. Snowden, 2 Paige Ch. 299, 1830 N.Y. LEXIS 417, 1830 N.Y. Misc. LEXIS 39 (N.Y. 1830).

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