Wheeler v. Roberts & Roberts
New York Supreme Court
On certiorari from a justice’s court, rendered under the 60 dollar act of April 12th, 1824, (sess. 48, ch. 238,) the iudgment was reversed; and the plaintiff in error taxed his costs at 50 dollars, for which he took judgment and issued execution. A motion was now made to set aside the judgment and execution, so far as they respected the costs, for irregularity.
1Opinion of the Court
Curia.
This judgment for costs cannot, at any rate, be sustained in its full extent; and we think, upon the present state of the law, costs are not allowable at all on reversing a judgment of a justice’s court on certiorari. The right to full costs here is put on the ground that the act of 1824, (sess. 48, ch. 238, s. 43,) by repealing the act of 1813, (1 R. L. 397, s. 18,) allowing $25 costs, revived the act of 1801, (1 K. & R. 501, s. 19,) which allowed the full costs of this court. Recognizing, as we do fully, the rule that a repealing statute, which is itself repealed, revives the first…
2Cited by11 opinions
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- Chambers v. CrookSupreme Court of Alabama · 1868
- William Ottmann & Co. v. HoffmanNew York Court of Common Pleas · 1894
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