Quinn v. Winter
New York Court of Common Pleas
Appeal from city court, general term. Action by Virginia J. Quinn against Herman T. Winter for damages for the maintenance of an alleged nuisance. Code Civil Proc.
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Appeal from city court, general term. Action by Virginia J. Quinn against Herman T. Winter for damages for the maintenance of an alleged nuisance. Code Civil Proc. H. Y. § 3228, ■subds. 1, 4, provide that plaintiff is entitled to costs, of course, on a final judgment in Ms favor, in an action in which a claim of title to real property arises on the pleadings, or is certified to have come in question on trial, or in .an action for money where the judgment amounts to $50 or more. Verdict for plaintiff for six cents damages, and from an order which reversed an order vacating a judgment in favor…
1Opinion of the CourtVan Hoesen, J.
The right to costs that a positive statutory provision awards to a party on the happening of a certain event is a substantial right, and an appeal lies from an order that denies such a right. Sturgis v. Spofford, 58 N. Y. 103.
As the plaintiff recovered no more than six cents as damages in an action cognizable by a justice of the peace, the defendant is, under the Code, entitled to costs, unless the title to land was brought in question by the pleadings. There is in this case no certificate of the justice that a claim of title arose on the trial. The only inquiry that we are called upon to…
2Cases cited3 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Rathbone v. McConnellNew York Supreme Court · 1855
- Sturgis v. . SpoffordNew York Court of Appeals · 1874
3Cited by2 opinions
- Bruen v. Manhattan Railway Co.New York Court of Common Pleas · 1891
- Quin v. WinterNew York Court of Common Pleas · 1890