... 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 2181889Vista completa - Acerca de este libro
| New York (State). Commissioners of Statutory Revision - 1900 - 892 páginas
...entitled to costs; except that where final judgment is rendered therein, in favor of the defendant on the trial of an issue of fact, the plaintiff is entitled...title to real property came in question on the trial. [Code, § 3235, without change.] § 2288. Costs of a motion. — Costs on a motion in an action where... | |
| New York (State) - 1902 - 1080 páginas
...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, upon the trial of an issue of fact, he is not entitled to costs, unless it is certified that the title to real property came in question... | |
| Albany (N.Y.) - 1910 - 950 páginas
...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, upon the trial of an issue of fact, he is not entitled to costs, unless it is certified that the title to real property came in question... | |
| New York (State). Courts - 1913 - 762 páginas
...because the pleadings showed that the title to real property would come in question. The defendants urge that the title to real property came in question on the trial upon plaintiff's own showing, and for this reason the justice erred in refusing to grant defendants'... | |
| New York (State). Board of Statutory Consolidation - 1915 - 648 páginas
...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,...title to real property came in question on the trial.' [Note 1698.] ARTICLE 69 REFEREE § 134.'A referee, in an action or a special proceeding brought in... | |
| New York (State) - 1915 - 1330 páginas
...judgment is rendered therein, in favor of the defendant, upon the trial of an issue of fact, he is not entitled to costs, unless it is certified that the...title to real property came in question on the trial. § 317. Costs where title to real property in question. Where plaintiff's complaint is dismissed, pursuant... | |
| New York (State) - 1916 - 1682 páginas
...favor final judgment is rendered in the new action, ¡ь entitled to costs: except that, where final judgment is rendered therein, in favor of the defendant,...upon the trial of an issue of fact, the plaintiff ia entitled to costs, unless it is certified, that the title to real property came in question on the... | |
| New York (State). Legislature - 1919 - 1508 páginas
...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...title to real property came in question on the trial. [Code § 3235, without change of substance. Included by Board in Costs law, I 133.] § 1462. Costs... | |
| New York (State). Legislature - 1919 - 1158 páginas
...104-105 df-red in the new action, is entitled to costs; except tiiat, where [final] judgment is Tendered therein, in favor of the defendant, upon the trial...title to real property came in question on the trial. (Code of Civil Procedure, § 3235.) ARTICLE 54 REKEBEE'S FEES Section 104. Referee's fees generally.... | |
| New York (State) - 1920 - 1210 páginas
...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 title to real property came in question on the Pam». § 1447. Costs upon new trial ordered by reason of failure to in p«rt, file decision on time.... | |
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