New York Supreme Court, 1854

Saratoga & Washington Railroad v. McCoy

Saratoga & Washington Railroad v. McCoy
New York Supreme Court · Decided January 15, 1854 · James
8 How. Pr. 526

Counsel

Wait & Parry, for Defendants., Wm. L. F. Warren, for 'Plaintiff,

Saratoga & Washington Railroad v. McCoy

Opinion of the Court

The Court, (James, Justice,)

after consultation, granted the motion, (Cady, Justice, dissenting,) adopting the opinion of Justice Hand, in the case of Barber agt. Crossett, (6 How. Pr, R. 45,) and holding that when an officer, sued as such, succeeds in the action, he is entitled to double costs. That section 24, 2 R. S. 617, is not repealed by section 303 of the Code; nor is it inconsistent with section 468, but is in full force and effect.

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