Majority
p. 217SANDERS v. TOWNSHEND. N. Y. Common Pleas ; Special Term, June, 1882.
Headnote
Costs to Abide the Event.Defendant recovered judgment, which was reversed by the general term on plaintiff’s appeal, and a new trial ordered, with costs to abide the event; defendant appealing; the court of appeals reversed such order and affirmed the original judgment, with costs. Held, that defendant was entitled to costs of the appeal to the general term.[1]
Defendant recovered a judgment, which was entered June 21,1880, from which plaintiff appealed to the general term, and the j ndgment was reversed, and a new
p. 218
trial ordered April 12, 1881, with, costs to abide the event. Upon appeal by defendant to the court of appeals the order of the general term was reversed and the judgment at circuit affirmed, with costs.
p. 219
The clerk on taxation disallowed the defendant’s costs on appeal to the general term, and this motion was made by defendant for a re-taxatiori under section 3356 of the Code of Civil Procedure.
Jacob Fromme, for motion.
Jos7ma O. Sanders, opposed.
The action has ended. The event, i. e., the result of the litigation, was that the defendant obtained judgment. The costs of the appeal to the general term abided, i. e., depended upon, the final result of the litigation. When that result was reached, the party who prevailed became entitled to the costs of the appeal to the general term.
The costs of that appeal belong, therefore, to the defendant, the party finally prevailing in the litigation.