Nichols v. Ketchum

New York Supreme Court

Nichols v. Ketchum

19 Johns. 167

DecidedAugust 15, 1821

StatusPublished

This text of 19 Johns. 167 (Nichols v. Ketchum) 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

Nichols v. Ketchum, 19 Johns. 167 (N.Y. Super. Ct. 1821).

Pincite

Opinion

Per Curiam.

The statute (1 N. R. L. 155. sess. 24. ch. 97.) gives double costs only where the verdict passes for the defendant, who is sued as an officer, or the plaintiff becomes nonsuit or suffers a discontinuance; not where the plaintiff recovers a verdict against the defendant. That the defendant is entitled to costs at all, depends on another act, (1 N. R. L. 343. sess. 36. ch. 96. s. 4.) which is silent as to double costs. The defendant, therefore, can recover only single costs.

Motion denied»

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Per Curiam.

The statute (1 N. R. L. 155. sess. 24. ch. 97.) gives double costs only where the verdict passes for the defendant, who is sued as an officer, or the plaintiff becomes nonsuit or suffers a discontinuance; not where the plaintiff recovers a verdict against the defendant. That the defendant is entitled to costs at all, depends on another act, (1 N. R. L. 343. sess. 36. ch. 96. s. 4.) which is silent as to double costs. The defendant, therefore, can recover only single costs.

Motion denied»

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Bluebook (online)

19 Johns. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-ketchum-nysupct-1821.