Shaffer v. Shaffer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Anna Shaffer and another, from an order of the County Court of Cattaraugus county, entered in the office of the clerk of said county on the 14th day of ¡November, 1905. The plaintiff commenced an action for trespass in Justice’s Court.
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Appeal by the defendants, Anna Shaffer and another, from an order of the County Court of Cattaraugus county, entered in the office of the clerk of said county on the 14th day of ¡November, 1905. The plaintiff commenced an action for trespass in Justice’s Court. The defendants interposed an answer in due form, setting forth, among other defenses, facts showing that the title to real property would come in question upon the trial, and delivered to the justice an undertaking conformably to section 2952 of the Code of Civil Procedure, and the action was thereupon discontinued.' Subsequently the…
1Opinion of the Court
Spring, J. :
We do not-agree with'the learned county, judge. Section 3235 . of the Code of- Civil Procedure regulates the costs in the new. action-commenced after the discontinuance of thé one in Justice’s Court. It provides that “the party, in whose-favor final judgment is rendered in the new action, is entitled to' cost's; except that, where, final judgment- is. rendered therein,'in favor of the defendant, upon the trial of an issue of fact, the plaintiff is entitled to costs; unless : it is certified that the title to real property came in question on- the. trial.-” - ' ■
■ There' are,…
2Cases cited1 opinion
- Taylor v. WrightAppellate Division of the Supreme Court of the State of New York · 1899