Van Tuyl v. Parker

29 N.Y. Sup. Ct. 464 Court N.Y. Gen. Term English

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p. 464

THOMAS VAN TUYL, Appellant, v. ERASTUS W. PARKER, Respondent.

Order modified by reversing so much as refuses to strike out the award of costs and set aside the execution, -and the motion to that effect granted, and the residue of the order affirmed without costs to either party. Held, that the award of costs was irregular because not in the discretion of the court. (Old Code, §§ 304, 305.)