People v. Strauss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julius Strauss and others, from án order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York 'on the 24th day of November, 1899, denying the defendants’ motion for a retaxation of the costs.
1Opinion of the Court
Barrett, J.:
The action was for a penalty of $100. The plaintiff had a verdict for $25. Upon that the clerk taxed the plaintiff’s costs at $25. Thereupon the defendants moved for a retaxation, claiming that, as the action was for a penalty less than. $200, and consequently within the jurisdiction conferred upon a justice of the peace by section 2863, subdivision 1, of the Code of Civil Procedure, the. plaintiff was not entitled to costs, but that they were. The motion was denied, and the clerk’s ruling sustained, upon the amendment to subdivision 3 of section 3228 of the Code of Civil…
2Cited by1 opinion
- People ex rel. Zollikoffer v. FeitnerNew York Supreme Court · 1901