Sanders v. Townshend

New York Court of Common Pleas

Sanders v. Townshend

63 How. Pr. 343, 11 Abb. N. Cas. 217

New York Court of Common Pleas·Decided June 15, 1882·Published·Cited by 3 cases

Opinion

Van Hoesen, J.

Motion for retaxation under section 3265. The action has ended. The event—i. e., the result of the litigation — was that the defendant obtained judgment. The costs of the appeal to the general term abided—i. e., depended upon — the final result of the litigation. When that result was reached- the party who prevailed became entitled to the costs of the appeal to the general term. The costs of that appeal belong, therefore, to the defendant, the party finally prevailing in the litigation.

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Van Hoesen, J.

Motion for retaxation under section 3265. The action has ended. The event—i. e., the result of the litigation — was that the defendant obtained judgment. The costs of the appeal to the general term abided—i. e., depended upon — the final result of the litigation. When that result was reached- the party who prevailed became entitled to the costs of the appeal to the general term. The costs of that appeal belong, therefore, to the defendant, the party finally prevailing in the litigation.

Sanders v. Townshend, 63 How. Pr. 343, 11 Abb. N. Cas. 217 (N.Y. Super. Ct. 1882).

Pincite

63 How. Pr. 343 (Sanders v. Townshend) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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