Williams v. Smith
Opinion of the Court
The costs of resisting the motion go to the defendant of course.
N. B. — In another cause, between the same parties, the court said, that the granting new trials was always on payment of costs, unless otherwise expressed, or when for the misdirection of a judge ; in which latter case they abided the event of the suit.
Exceptions to the rule, that the prevailing party is entitled to them. Green & Mosher v. Beals, post, 256; Williams v. Green, 3 Caines’ Rep. 129; Woods v. Hart, 3 Caines’ Rep. 96. See ante, vol. 1, Gilliand v. Morell, 155 n. (b.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.