Wilson v. McGregor
New York Supreme Court
Appeal from special term, Orange county. Action by Sarah M. Wilson against Debby Ann McGregor. At the trial, the jury found a verdict for plaintiff for $45. Costs of the action having been taxed by the clerk in favor of defendant, such taxation was, on motion of plaintiff, vacated, and costs taxed in favor of plaintiff for $45, the amount of her recovery. From the order entered thereon, defendant appeals. Code Civil Proc.
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Appeal from special term, Orange county. Action by Sarah M. Wilson against Debby Ann McGregor. At the trial, the jury found a verdict for plaintiff for $45. Costs of the action having been taxed by the clerk in favor of defendant, such taxation was, on motion of plaintiff, vacated, and costs taxed in favor of plaintiff for $45, the amount of her recovery. From the order entered thereon, defendant appeals. Code Civil Proc. N. Y. § 2863, provides: “But a justice of the peace cannot take cognizance of a civil action, in either of the following cases: * * * (3) Where the action is to recover…
1Opinion of the CourtPratt, J.
The complaint herein alleges “that the defendant herein, willfully and maliciously contriving, did unlawfully and illegally * * * alienate the affections of plaintiff’s husband by false, slanderous, and malicious reports, to-wit, that the plaintiff was a prostitute, etc., and divers other false, *40malicious, and slanderous words; also, that, by reason thereof, plaintiff’s home was broken up, and the affections of her husband alienated.” The last clause alleges the special damages suffered by reason of the utterance of the slanderous words. The complaint, therefore, states the facts constituting…
2Cited by2 opinions
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