Combs v. Combs
New York Supreme Court
Motion by defendant to strike out the costs of appeal inserted in a judgment of affirmance, on appeal from a judgment of a justice’s court to the general term of the supreme court. The facts are fully stated in the opinion. ‘
1Opinion of the CourtRumsey, J.
— This action was originally brought in a justice’s court, and the plaintiff recovered a judgment.
*305On appeal to the county court the judgment was modified to some extent, and as modified affirmed, without costs to either party. From the judgment of the county court the defendant appealed to the general term, where the judgment was affirmed, the entry of the decision being simply “ judgment affirmed,” with no direction as to costs of the appeal. The plaintiff claiming that he was entitled to costs as of right, taxed the costs of his appeal against defendant’s objection, and entered a judgment…
2Cited by1 opinion
- Mattes v. PauseNew York Court of Common Pleas · 1892