Sherwood v. Travelers Insurance
New York Court of Common Pleas
Appeal from an order of this court directing a clerk of a district court in the city of New York to pay to defendant costs paid to the clerk upon an appeal by defendant from a judgment of the district court. Plaintiffs recovered a judgment in the district court on January 5th, 1882, against defendant for $60, and $17.50 costs.
Read the full summary
Appeal from an order of this court directing a clerk of a district court in the city of New York to pay to defendant costs paid to the clerk upon an appeal by defendant from a judgment of the district court. Plaintiffs recovered a judgment in the district court on January 5th, 1882, against defendant for $60, and $17.50 costs. Prior to January 20th, 1882, defendant appealed to the General Term of this court, serving notice of, appeal and giving the undertaking prescribed to stay execution. Defendant then paid to the clerk of the district court the costs and fee for a return. The judgment was…
1Opinion of the CourtBeach, J.
I have been unable to find any adjudication bearing upon the question. In Ex parte Stephens (6 Cowen 68), and The People ex rel. Lincoln v. The Saratoga Common Pleas (1 Wend. 282), the court go no further than to decide that the method of appeal must be strictly followed, and payment of costs to the party instead of the justice Avas not a compliance Avith the statute. The appellant, if costs are awarded him on the appeal, may tax, among other items, the costs and fee paid to the justice upon taking the appeal (Code Civ. Pro. § 3060). The authority to include these costs among the…
2Cases cited1 opinion
- People v. Saratoga Common PleasNew York Supreme Court · 1828
3Cited by2 opinions
- Kenney v. Livery Stable Keeper's Ass'nNew York Supreme Court · 1895
- Bradley Salt Co. v. MeinholdAppellate Terms of the Supreme Court of New York · 1898