Fuller v. . Conde
New York Court of Appeals
Appeal from, an order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term denying plaintiffs’ motion to set aside judgment in favor of defendants for costs, and that judgment be entered in favor of plaintiffs for their costs instead. The facts sufficiently appear in the opinion. A justice of the peace had jurisdiction of the action, and the recovery being less than fifty dollars, defendant was entitled to costs.
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Appeal from, an order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term denying plaintiffs’ motion to set aside judgment in favor of defendants for costs, and that judgment be entered in favor of plaintiffs for their costs instead. The facts sufficiently appear in the opinion. A justice of the peace had jurisdiction of the action, and the recovery being less than fifty dollars, defendant was entitled to costs. (Code, § 304; sub. 3, § 305; sub. 4, § 54; Davis v. Spencer, 24 N. Y., 391; Lockwood v. Shone, 1 Ker., 175; Folland v.…
1Opinion of the CourtGrover, J.
The respondents claim costs, although the action was upon contract, and their recovery was less than fifty dollars under section 304 of the Code. That provides that costs shall be allowed of course to the plaintiffs, in the following cases: Subdivision 3 in the action, of which a court of justice of the peace has no jurisdiction. Subdivision 4 of section 54 provides, that such a court shall not have jurisdiction of a matter of account, where the sum total of the accounts of both parties proved to the satisfaction of the justice shall exceed $400. Whether such was the fact in this case must be…
2Cited by5 opinions
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