¶1that the defendants were entitled to but single costs ; that double costs in cases of this kind were not allowed on interlocutory proceedings; they being given by the statute, (1 R. L. 155,) only in cases of a verdict for the-defendant, or of the plaintiff’s becoming nonsuit, or suffering a discontinuance. The statute does not extend to giving double costs to a defendant even on a judgment in his favor on demurrer. (5 Johns R. 182. 9 id. 254.) And costs on a motion for judgment as in case of nonsuit, in a case of this land have been adjudged to be only single. (3 Johns. R. 443.)
4 Wend. 201
Rider v. Hubbell
Decided May 15, 1830
New York Supreme Court · decided 1830-05-15
Question of costs. The defendants were sued in an action for false imprisonment in arresting the plaintiff on a warrant issued on a criminal charge. The defendants justified, one as the officer malting the arrest, and the others as aiding and assisting in the same.
Cited by 1 later decisions — most recently October 1853
Good law ✅— No negative treatment on recordhow we know
Decided 1830-05-15
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