Legal Opinion

Mattes v. Pause

New York Court of Common Pleas

Decided March 26, 1892Published

Action by Emil Mattes against John G. Pause and another for personal injuries through defendants’ negligence, and on defendants’ application removed to the New York court of common pleas. Judgment for plaintiff for a sum less than $50 and defendants’ costs were taxed. Plaintiff now moves for a retaxation of same.

1Opinion of the CourtGieqerioh, J.

The provisions of the Code of Civil Procedure respecting costs (chapter 21, tits. Í-3) apply to actions tried in one of the courts specified in subdivision 4 of section 3347, namely, the supreme court, a superior city court, the marine court of the city of New York, ora county court, (Code Civil Proc. § 3347, subd. 13;1) and are not limited to actions commenced in one of such courts, and triable therein, (Combs v. Combs, 25 Hun, 279, reversing 1 Civil Proc. R. 298; 62 How. Pr. 304') It follows that the costs of this action, which was originally brought in a district court of this city to…

2Cases cited5 opinions

  1. Salter v. ParkhurstNew York Court of Common Pleas · 1867
  2. Rieger v. Fahys Watch-Case Co.New York City Court · 1891
  3. Druckenmiller v. ShoningerNew York Court of Common Pleas · 1890
  4. Combs v. CombsNew York Supreme Court · 1881
  5. Kaliski v. Pelham Park RailroadNew York Court of Common Pleas · 1891

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