Jackson, ex dem. Hooker v. Mather

7 Cow. 416 | N.Y. Sup. Ct. | 1827

* Curia.

This is clearly an enumerated motion. The word case in the statute is not confined in meaning to a case settled by a judge. The statute doubtless refers to the distinction, well known when it passed, between calendar and other motions. We consider every enumerated motion as standing on the same footing with a case, for the purpose of costs. The words “ special motion” in the statute, apply merely to non-enumerated motions.

Motion granted.