6 Wend. 525
Decided March 3, 1831
New York Supreme Court · decided 1831-03-03
Question of costs. The defendant moved to change the venue, and the motion was denied, without costs. On the trial of the cause he obtained a verdict, and in the taxation of costs, claimed to be allowed for services in preparing and making the motion to change the venue. The question was submitted to the court whether his claim should be allowed.
Cited by 1 later decisions — most recently December 1842
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1831-03-03
View the full empirical analysis of this case →
¶1By the Court,
¶2Costs are not given on a motion to change the venue, unless specially allowed. When the venue is changed the costs abide the event, and are taxed in the bill of the prevailing party, 20 Johns. R. 475; but when the motion is denied, although the party succeeds in his defence to the action, he is not allowed the costs of the motion, A party failing in a motion is not entitled to the costs of such motion, although he succeeds in the suit. 4 Cowen, 21. 6 id. 42.