New York Supreme Court, 1799

Spalbergh v. Walrod

Spalbergh v. Walrod
New York Supreme Court · Decided October 15, 1799 · Lansing
1 Johns. Cas. 162

Counsel

Gold, for the defendant,, Van Vechten, for the plaintiff,

Spalbergh v. Walrod

Opinion of the Court

Lansing, Ch. J.,

delivered the opinion of the court. The *200application respects the costs only; we are, therefore, not now to consider whether the declaration contains separate counts, or blends in the same count different causes of action which cannot be joined. One of the injuries complained of is the breaking the plaintiff’s house, and of this the defendant is found guilty by the verdict, which is general, and applies to all the matters charged in the declaration. The plaintiff is, therefore, entitled to costs, instead of being hablé for costs to the defendant.(a)

Rule refused.

Gra. Prac., 2d ed„ 715, 720.

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