Kenney v. Livery Stable Keeper's Ass'n
New York Supreme Court
Appeal from Kings county court. Action by Ann Kenney, as executrix of Patrick Kenney, deceased, against the Livery Stable Keepers’ Association of Kings County. From an order denying a motion to dismiss the appeal, and from a judgment rendered by a justice of the peace, plaintiff appeals. Reversed.
1Opinion of the CourtBrown, P. J.
The' plaintiff recovered a judgment against the defendant, before a justice of the peace of the city of Brooklyn, for $200 damages and $14.60 costs. Of the costs $12 was recovered pursuant to section 3129 of the Code of Civil Procedure, which allows that sum to the prevailing party when a trial is had in a justice^ court of the city of Brooklyn. The defendant appealed from that judgment to the county court of Kings county, and on so doing paid to the justice $2.60 for the costs of the action, and $2 for making the return, but did not pay the sum of $12 allowed for additional costs as…
2Cases cited2 opinions
- Sherwood v. Travelers InsuranceNew York Court of Common Pleas · 1883
- Schwemmer v. StrattonNew York Supreme Court · 1892
3Cited by3 opinions
- Bradley Salt Co. v. MeinholdAppellate Terms of the Supreme Court of New York · 1898
- Goss v. HaysAppellate Division of the Supreme Court of the State of New York · 1899
- Nevill v. Morrow, New York County Courts1955