Rich v. Husson
The Superior Court of New York City
This was an action of assumpsit, commenced before the Code, against the defendants as partners. It was transferred from the Supreme Court, and since the transfer two new trials had been granted, and upon the third trial the plaintiff obtained a verdict for $50, for which sum, with six cents costs, judgment in his favor was then entered.
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This was an action of assumpsit, commenced before the Code, against the defendants as partners. It was transferred from the Supreme Court, and since the transfer two new trials had been granted, and upon the third trial the plaintiff obtained a verdict for $50, for which sum, with six cents costs, judgment in his favor was then entered. Under the Code a plaintiff who," in an action for the recovery of money, obtains a judgment for $50, is entitled to full costs, but in a case governed by the provisions of the R. S., unless the plaintiff recovers more than $50, the defendant is entitled to…
1Opinion of the CourtBy the Court. Duer, J.
As there can be no vested right *619in the costs during the pendency of a suit, both the right to recover them and the amount to be recovered must depend upon the legal provisions which-are in force when a judgment is obtained. It is for this reason that it has been frequently decided that a change of statutory provisions in relation to costs is just as applicable to existing as to future suits, and pari ratione the same construction must be given to a repeal.
Tire 303d section of the Code declares that “ all statutes establishing or regulating the costs or fees of attorneys in civil actions, are…
2Cases cited1 opinion
- Fobes v. MeigsNew York Supreme Court · 1829
3Cited by13 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Hopewell v. StateIndiana Court of Appeals · 1899
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
- Ex parte McGeeOregon Supreme Court · 1898
- Fielden v. LahensThe Superior Court of New York City · 1862
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