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" ... a new action, for the same cause, has been commenced in the proper court; the party, in whose favor final judgment is rendered in the new action, is entitled to costs ; except that, where final judgment is rendered therein, in favor of the defendant,... "
The New York Supplement - Página 218
1889
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial. § 62. [55.] (Am'd 1849, 1851, 1858, 1860.) Answer of title as to one cause of action. — Transfer...
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the Judge certify that the title to real property came in question on the trial. SEC. 89. If, in an action before a Trial Justice, the plaintiff have Answorof useveral causes of action,...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volumen4

Austin Abbott - 1869 - 600 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial," — the judgment for the plaintiff which must be recovered in order to entitle him to costs, must be a judgment...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial. See section 304, pott. As to the mode of entering judgment, see section 274 of this Code. § 62. (Am'd...
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The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

1870 - 288 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, uuless the jndge certify that the title to real property came in question on the trial. g 02. If, in an action hefore a justice, the plainti1f ^ have several causes of action, to one of which...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - 1034 páginas
...recover costs, except, that upon a verdict he shall pay costs to the plaintiff unless the judge certify that the title to real property came in question on the trial. I. COSTS то THE PLAINTIFF. Where the defendant pleads title to the whole issue in the justice's court,...
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The District Courts in the City of New York: Their Organization ...

George Frederick Langbein, John Christopher Julius Langbein - 1872 - 358 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial. Code, § 62. Proceedings when sevenil causes of action, and answer of title as to one. If, in an action...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1164 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the Judge certify that the title to real property came in question on the trial. SEC. 89. If, in an action before a Trial Justice, the plaintiff have ..-^H™"^ several causes of action,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volumen36

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 768 páginas
...a verdict for $8.33. On motion of plaintiff's counsel, the judge before whom the action was tried, certified that the title to real property came in question on the trial, and that plaintiff was entitled to costs. Judgment was accordingly rendered in plaintiff's favor for...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen50

Nathan Howard (Jr.) - 1876 - 650 páginas
...recover costs, except that upon a verdict he shall pay costs to the plaintiff, unless the judge certify that the title to real property came in question on the trial. The first part of the section seems to cover this case, as the judgment in this court is for the plaintiff,...
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