Chapin v. Churchill
New York Supreme Court
The defendant, on the 23d day of July, 1855, confessed a judgment to the plaintiff, before John Uhle, Esq., a justice of the peace, who was the father-in-law of the plaintiff, for $19.53; and judgment was entered by said justice against the defendant for $20.78, damages and costs.
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The defendant, on the 23d day of July, 1855, confessed a judgment to the plaintiff, before John Uhle, Esq., a justice of the peace, who was the father-in-law of the plaintiff, for $19.53; and judgment was entered by said justice against the defendant for $20.78, damages and costs. After the said judgment was so confessed and entered, the plaintiff learned that the same was void and illegal on account of his relationship to the said justice; and then, failing in his efforts to have the judgment paid or arranged in any other effectual way, he brought an appeal to the county court of this…
1Opinion of the Court
Earl, County Judge.
(1.) The court having ordered a judgment of reversal without costs to either party, could the appellant enter a judgment of reversal with costs 1
The court had no right to reverse the judgment without costs to either party. The Code (§ 368) provides, that if the judgment be reversed, “ costs shall be awarded to the appellant.” This section is so plain that it needs no adjudication to interpret or expound it. But it has been decided that the reversal must be with costs. (See Logue agt. Gillick, 1 Smith, 398; Hahn agt. Van Doren, 1 id. 411; Main agt. Eagle, id. 621.)
But-althoug…
2Cases cited1 opinion
- Shaw v. SwiftIndiana Supreme Court · 1849
3Cited by2 opinions
- Schulte v. Lestershire Boot & Shoe Co.New York Supreme Court · 1895
- Gasz v. StrickSuperior Court of Buffalo · 1890