Stokes v. Schlacter

Decided July 5, 1901

Supreme Court of New Jersey · decided 1901-07-05

<p>1. Where the plaintiff in error obtained in the Court of Errors and Appeals not only a reversal of the judgment of the Supreme Court, but also an affirmance of the original judgment of the trial court, thus ending the litigation, he is entitled to costs in the Court of Errors and Appeals.</p> <p>2. If the cause has been brought into the Supreme Court by certiorari, the question of costs there is, by statute, committed to the discretion of that court, and application must be there made for costs on certiorari.</p>

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Decided 1901-07-05

How this case has been cited

Cited by 11 later decisions — most recently December 1961

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The plaintiff in error obtained, in this court, not only a reversal of the judgment of the Supreme Court, but also an affirmance of the original judgment in the trial court, thus finally ending the litigation in his favor. He is, therefore, entitled to costs in this court.

¶2The cause having been brought into the Supreme Court by certiorari, the question of costs there is, by statute, committed to the discretion of that court, and consequently application must be there made for costs in certiorari.