Church v. Miller
New York Supreme Court
This was an appeal from an order made by the county judge of Orange county, striking the defendant’s costs, as taxed by the clerk, from the judgment entered in said action, and inserting therein the costs of the plaintiff. The action was originally commenced in the justice’s court.
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This was an appeal from an order made by the county judge of Orange county, striking the defendant’s costs, as taxed by the clerk, from the judgment entered in said action, and inserting therein the costs of the plaintiff. The action was originally commenced in the justice’s court. The plaintiff claimed judgment for rent of house, fifty dollars; the defendant denying plaintiff’s claim, demanded judgment in his own favor, by way of counter-claim, in the sum of fifty dollars and interest, for work and labor. The justice rendered judgment in favor of the defendant for fifty dollars and costs.…
1Opinion of the Court
By the Court, Barnard, P. J.
The sole question presented is as to which party is entitled to costs.
The action was brought by plaintiff against defendant in a justice’s court. The plaintiff asked a judgment for rent, and the defendant set up a counter-claim for work and labor. The defendant obtained judgment against the plaintiff for fifty dollars, besides costs. The plaintiff appealed, claiming a judgment in his favor of fifty dollars. The case was tried in the county court of Orange county, by a jury, and a verdict rendered of no cause of action. The county judge has, by order, given costs to…
2Cited by1 opinion
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