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Franey v. Smith

Court of Appeals of the State of New York
May 5, 1891
27 N.E. 559 (N.Y. 1891)
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Summary

In Franey v. Smith (126 N.Y. 658) the Court of Appeals said that, "under section 3238 of the Code, this court had the power, upon the reversal of the judgment and granting a new trial, in its discretion, to provide that the costs should abide the event, or to award them absolutely to either party."

Summary of this case from Hascall v. King
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Opinion

Argued April 27, 1891

Decided May 5, 1891

Arthur More for motion.

A.A. White opposed.

Per curiam opinion for denial of motion.

All concur.

Motion denied.

Summaries of

Franey v. Smith

Court of Appeals of the State of New York
May 5, 1891
27 N.E. 559 (N.Y. 1891)

In Franey v. Smith (126 N.Y. 658) the Court of Appeals said that, "under section 3238 of the Code, this court had the power, upon the reversal of the judgment and granting a new trial, in its discretion, to provide that the costs should abide the event, or to award them absolutely to either party."

Summary of this case from Hascall v. King
Case details for

Franey v. Smith

Case Details

Full title:JOHN FRANEY, Appellant, v . ALVIN C. SMITH et al., Respondents

Court:Court of Appeals of the State of New York

Date published: May 5, 1891

Citations

27 N.E. 559 (N.Y. 1891)
27 N.E. 559

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