← Cases

Cooper v. North

1 How. Pr. 58 Court N.Y. Sup. Ct. English

Contents

Majority

p. 58
Ebenezer Cooper vs. John North et al.

Headnote

Interest taxed as costs on a verdict, under the act of May 7, 1844, applies only to verdicts and reports rendered and made after its passage.
Motion by plaintiff for retaxation of costs with instructions.—This was a special action on the case, for diverting water from the plaintiff’s mills. A verdict was rendered for the plaintiff in June, 1841; proceedings on the verdict being stayed, on the making of a case, judgment was not rendered thereon until January 1844. In June 1844, the plaintiff’s costs were duly taxed and the record signed, filed and docketed. And now the plaintiff moves for a retaxation of costs with instructions to the taxing officer to tax with them the interest on the verdict from the time the same was rendered.
G. Stow, Deft Counsel. G. Stow, Defts Atty.
A. Taber, Plffs Counsel. G. M. Beckwith, Plffs Atty.

The act of May 7th, 1844 (Session Laws, p. 508), is not retrospective in its operation. It applies only to verdicts and reports rendered and made after its passage.

Decision.—Motion denied, with costs.