Levan v. Sternfeld
Supreme Court of New Jersey
On error to the Camden Circuit. A writ of attachment was issued against Levan at the suit of H. Sternfeld & Co. An appearance was entered by the defendant, and thereupon the said H. Sternfeld & Co. filed their narr. containing' the common counts. To this the defendant pleaded non assumpsit as to all of the plaintiff’s demand ■except the sum of $39.70, and, as to that sum, that the defendant had tendered it and had paid the said sum, with costs, into court.
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On error to the Camden Circuit. A writ of attachment was issued against Levan at the suit of H. Sternfeld & Co. An appearance was entered by the defendant, and thereupon the said H. Sternfeld & Co. filed their narr. containing' the common counts. To this the defendant pleaded non assumpsit as to all of the plaintiff’s demand ■except the sum of $39.70, and, as to that sum, that the defendant had tendered it and had paid the said sum, with costs, into court. The cause was tried upon the pleadings, and a verdict was returned in the following form: “ For Plaintiff, $39.70 without interest or…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The question discussed in the briefs of counsel is, whether the defendant was liable to pay a full bill of costs upon the verdict as rendered by the jury.
The defendant appears to have paid into court the sum of $37.18 as costs accruing up to the time of the alleged tender.
The insistence of counsel for defendant now is, that upon the record he is not liable to pay any costs, but if he is liable to pay any, it is only those costs which accrued up to the time of the deposit of the money in court.
The record is very meagre. The proceedings up to the…
2Cases cited1 opinion
- Baker v. HuntNew York Supreme Court · 1828
3Cited by6 opinions
- Cæsar v. CapellU.S. Circuit Court for the District of Western Tennessee · 1897
- Dante v. MiniggioCourt of Appeals for the D.C. Circuit · 1924
- Michaels v. Adams Express Co.Supreme Court of New Jersey · 1904
- National Docks & New Jersey Junction Connecting Railway Co. v. United New Jersey Railroad & Canal Co.New Jersey Court of Chancery · 1894
- Neldon v. RoofNew Jersey Court of Chancery · 1897
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