Provost v. Johnson

By the Court, Nelson, J. The defendants in this case are entitled to recover costs, 2 R. S. 615, § 16, and I see no objection to the practice adopted by the defendants. A motion in open court for leave to enter judgment for costs would have been a matter of form, and would have created unnecessary expense. The motion to set aside the judgment is denied.* Footnotes [*] Decided at special term, commencing 7th February.