People v. Sternburg
Court for the Trial of Impeachments and Correction of Errors
Motion on behalf of the defendants to stay proceedings on payment of the amount due. The suit was commenced at the instance of the overseers of the poor of the town of Schoharie, on the 21st July, 1845, and was in debt, on a bastardy bond, executed by the defendants to the people the 14th February, 1844, in the penalty of $500, conditioned amongst other things for the performance of an order of two justices, which had been affirmed on appeal.
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Motion on behalf of the defendants to stay proceedings on payment of the amount due. The suit was commenced at the instance of the overseers of the poor of the town of Schoharie, on the 21st July, 1845, and was in debt, on a bastardy bond, executed by the defendants to the people the 14th February, 1844, in the penalty of $500, conditioned amongst other things for the performance of an order of two justices, which had been affirmed on appeal. By this order the defendant Sternburg was adjudged to be the reputed father of a child then likely to be bom a bastard, and it required among other…
1Opinion of the Court
By the Court, Beardsley, J.
This application is founded on a section of the revised statutes which declares that “ when any suit upon any contract, except against executors and administrators, is settled before judgment, and the sum actually due and admitted does not exceed the sum which, upon a recovery, would entitle the plaintiff to costs, no costs shall be demanded or received; if the sum so due exceeds fifty dollars, and does not exceed two hundred and fifty dollars, no other or greater costs shall be demanded or received, than if such suit had been brought in a court of common pleas.” (2…
2Cases cited1 opinion
- Wells v. FeeterNew York Supreme Court · 1830
3Cited by2 opinions
- Case of LangeNew York Supreme Court · 1854
- Johnson v. TriggsSupreme Court of Iowa · 1853