5 Cow. 33
Decided October 15, 1825
New York Supreme Court · decided 1825-10-15
On dismissing an appeal as irregularly brought, by Davis and Sowle against Waugh, from a justice’s court to the C. P. of Monroe, the parties being in Court, and the motion being opposed, that Court awarded costs of the motion against the appellants; and now,
Cited by 3 later decisions — most recently May 1847
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1825-10-15
View the full empirical analysis of this case →
¶1These parties were before the Court, who, we think, had jurisdiction over their persons for the purpose of costs.
¶2Motion denied.
¶3In like manner, this court sometimes give costs against one who moves for a mandamus, if the motion be opposed, though it be denied ; and therefore no canso of action be commenced. (Ex parte Root, 4 Cowen’s Rep. 548.)