Doyle v. Freeman

In the City Court of Auburn plaintiff sued to recover $42. Defendant counterclaimed for $192, and recovered a judgment for the full amount of her counterclaim. Plaintiff appealed to *346County Court, and demanded a new trial, which was had, and resulted in a verdict of no cause of action. Defendant taxed costs, which, by order of the County Court, have been stricken from the judgment. From that order this appeal is taken by defendant.

The question here involved is governed by sections 444 and 445 of the Justice Court Act. No offer of compromise was made by either party. So that, under section 444,…