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4 Wend. 206

Gomez v. Green

New York Supreme Court

Decided May 15, 1830

New York Supreme Court · decided 1830-05-15

<p>Where a judgment of reversal on a writ error obtained by default, is set aside on payment of costs, no other than the costs of the term and of the subsequent proceedings can be charged,</p>

Decided 1830-05-15

¶1Costs. The plaintiff in error in this cause at a previous term obtained a judgment of reversal of a common pleas judgment by default, which was set aside on the defendants coming in and excusing their default on payment of costs; and the question was, what costs were to be paid, the costs of the térm and subsequent proceedings only, or a full bill of costs ? The Court said that the former only could be charged, i. e. the costs of the term and of the subsequent proceedings.

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