Von Schoning v. Mitchell

The Superior Court of New York City

Von Schoning v. Mitchell

23 How. Pr. 44

CourtThe Superior Court of New York City

DecidedApril 15, 1862

StatusPublished

This text of 23 How. Pr. 44 (Von Schoning v. Mitchell) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Von Schoning v. Mitchell, 23 How. Pr. 44 (N.Y. Super. Ct. 1862).

Pincite

Opinion

Moncrief, Justice.

I think the judgment is irregular in that it gives costs to the defendants. The plaintiff is the prevailing party; the jury found a verdict for the return of the property to him, assessing its value at $40. This entitled the plaintiff to recover at least nominal damages; and section 304 (Code) gives to him the like amount of costs ; the plaintiff being entitled to costs of any amount, the defendant cannot recover costs.

The motion should be granted, with $7 costs.

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Moncrief, Justice.

I think the judgment is irregular in that it gives costs to the defendants. The plaintiff is the prevailing party; the jury found a verdict for the return of the property to him, assessing its value at $40. This entitled the plaintiff to recover at least nominal damages; and section 304 (Code) gives to him the like amount of costs ; the plaintiff being entitled to costs of any amount, the defendant cannot recover costs.

The motion should be granted, with $7 costs.

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Bluebook (online)

23 How. Pr. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/von-schoning-v-mitchell-nysuperctnyc-1862.