Hay v. Imley
Supreme Court of New Jersey
OS CERTIORARI. Judgment for cOBts of both parties is error. In what oases judgment may be reversed in part, and affirmed as to the residue. Hay was the defendant below, and brought this writ to reverse the judgment of the justice. The error assigned by his counsel was, that the justice rendered judgment against him, as well for the defendant’s (that is, his own) costs, as for the plaintiff’s.
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OS CERTIORARI. Judgment for cOBts of both parties is error. In what oases judgment may be reversed in part, and affirmed as to the residue. Hay was the defendant below, and brought this writ to reverse the judgment of the justice. The error assigned by his counsel was, that the justice rendered judgment against him, as well for the defendant’s (that is, his own) costs, as for the plaintiff’s. The justice certified that part of the defendant’s costs [*] were included in the judgment which he rendered for costs. When this cause was opened the last term, the counsel for the plaintiff in…
1Opinion of the CourtKirkpatrick, C. J.
You can hand up the papers; we will re-consider this question in vacation, and give our opinion next term.
In this term, the court rendered judgment.
Pennington, J.
Before this certiorari was called up, I thought the question involved in it settled; but from what passed at that time, it became incumbent upon the court to review the subject. This has been done in vacation. It is not denied but that it is error; but the counsel for the defendant in error, in the first place say, that the court ought not to inquire into, or take notice of it, because the error is commonly in small sums, I believe…
2Cases cited1 opinion
- Tibbs v. BrownSupreme Court of Pennsylvania · 1853