People ex rel. Marsh v. Genesee C. P.
New York Supreme Court
Motion for a mandamus. A judgment was rendered against the relator in a justice’s court for $1606 damages and $4,88 costs. The relator executed an appeal bond in the penalty of $42,08, reciting the damages and costs as above stated, and delivered the same to the justice, and paid him all the costs he demanded, he refusing, however, to take TVo, the charge for execution included in the bill of $4,88 costs.
Read the full summary
Motion for a mandamus. A judgment was rendered against the relator in a justice’s court for $1606 damages and $4,88 costs. The relator executed an appeal bond in the penalty of $42,08, reciting the damages and costs as above stated, and delivered the same to the justice, and paid him all the costs he demanded, he refusing, however, to take TVo, the charge for execution included in the bill of $4,88 costs. In making his return to the common pleas the justice stated the costs at only 4,69. The relator ruled him to amend his return, and he then made an additional return» adding the so as to make…
1Opinion of the Court
By the Court,
Sutherland, J.
The appeal ought not to have been quashed; the relator did all that he could do, to comply with the requirements of the statute ; he paid all that was demanded of him. It is no cause for quashing an appeal that a justice takes less costs than he is entitled to receive, when a party is willing, and offers to pay all that can be required of him, and in fact pays all that is demanded. This case is very different from those reported in 6 Cowen, 61, and 1 Wendell, 282. In the case in Cowen there was no payment of the costs, the justice being simply directed to charge the…
2Cases cited1 opinion
- People v. Saratoga Common PleasNew York Supreme Court · 1828