Balcom v. Terwilliger
New York Supreme Court
Appeal from an order of tbe Broome County Court, setting aside a taxation of plaintiff’s costs, and striking them from the judgment, and directing costs to be taxed in favor of the defendant. The action was brought in a Justice’s Court, issue being joined therein December, 1884. On the 10th of January, 1885, the plaintiff recovered a judgment for ninety-three dollars and ninety-two cents damages.
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Appeal from an order of tbe Broome County Court, setting aside a taxation of plaintiff’s costs, and striking them from the judgment, and directing costs to be taxed in favor of the defendant. The action was brought in a Justice’s Court, issue being joined therein December, 1884. On the 10th of January, 1885, the plaintiff recovered a judgment for ninety-three dollars and ninety-two cents damages. The plaintiff appealed to the County Court on January 28, 1885, and demanded a new trial. No offer of judgment was made by the responden]:. On the 17th of June, 1886, the plaintiff recovered and…
1Opinion of the Court
Hardin, P. J.:
Garling v. Ladd (27 Hun, 112) is an authority to the effect that costs “ will be granted or refused in accordance with the law existing when the party has the right to costs.’
*172That case was referred to in Atkin v. Pitcher (31 Hun, 352), and it was held that in a case brought before 1st of September, 1880, the date when the provisions of the Code of Civil Procedure took effect, the costs were to be taxed under section 371 of the old Code, as subdivision 11 of the Code of Civil Procedure, section 3347, declares that chapters 18 and 19 of the Code of Civil Procedure apply only to an…
2Cases cited3 opinions
- People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
- Lake Shore & Michigan Southern Railway Co v. RoachNew York Court of Appeals · 1880
- Engel v. FischerThe Superior Court of New York City · 1884