People v. Hallett
New York Supreme Court
In the original suit, the plaintiff recovered in debt on bond in the penalty of $250, conditioned to pay $150. The judgment was by default for want of a plea. This suit was an attachment against the defendant for not returning the Ji. fa. and it being agreed that the costs upon the attachment must follow at the same rate with those in the original cause, it was submitted upon this ground. (Tid. The People v. Chapman, Sheriff of Seneca, 1 Cowen’s Rep. 214.)
1Opinion of the Court
Curia.
No nominal damages are given in a judgment by default in debt.(a) The judgment consists of the debt and costs—nothing more. The costs must be taxed at the Common Pleas rate.
Rule accordingly.
And so are the entries in Lil. Ent. 473, 483, 503. Tidd. Pr. Forms, 169-70, on mutuutus. So of debt on bond. (Id.) So in 5 Wentw. 165-6, 414; and 10 id. 427-8, 453 ; and 7 id, 402.
Nominal or other damages are given by verdict in debt. (Lil, Ent. 257, 379. Tidd. Pr. Forms, 186-7.
And hence, Clapp v. Reynolds, (2 Johns. Cas. 409,) was probably the case of a verdict; and what is said by Buller, J. in…
2Cases cited1 opinion
- Clapp v. ReynoldsNew York Supreme Court · 1801
3Cited by2 opinions
- Gibbs v. FrenchAppellate Court of Illinois · 1889
- Governor v. DanielChatham Superior Court, Ga. · 1835