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23 Misc. 761

Martin v. Tarbox

Appellate Terms of the Supreme Court of New York · decided 1898-04-15

<p>Appeal from a judgment of the Tenth District Court.</p>

Relies on Board of Supervisors v. Bristol

Decided 1898-04-15

Per Curiam.

¶1The judgment appealed from must he affirmed. The statute requires us to award costs where the judgment is affirmed. As both parties have appealed, it seems that while awarding costs against each, we should also provide that they be offset. Board of Supervisors v. Bristol, 58 How. Pr. 3. The judgment is, therefore, affirmed, with costs in favor of the respondent oñ each appeal. The order of affirmance should contain a provision for an offset of the costs. Board of Supervisors v. Bristol, 58 How. Pr. 3.

¶2Present: Beexman, P. J., Gildebsleeve and Giegebich, JJ.

¶3Judgment affirmed, with costs.

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