Legal Opinion

Seymour v. Wheeler

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 1910PublishedCited by 1 opinion

Appeal by the defendant, Albert Gr. Wheeler, Jr.,.from an order, of the Supreme-Court, made at the Westchester Special Term and entered-in the office of the clerk of the county of Westchester on . the 5th day of January, 1910, directing the clerk to tax .costs in favor of the plaintiff, .

1Opinion of the Court

Burr, J.:

By subdivision 5 of section 3228 of the Code of Civil Procedure ■ (added by Laws of 1904, chap. 557) it is provided that “ In all actions hereafter brought in the Supreme Court, triable in the county of Hew York, * * * which could have been brought, except for.the *53amount claimed therein, in the City Court of the City of Hew York * * and in which the defendant shall have been personally, -served with process within the counties of Hew York ' * ■ * "* 'the iilaintiff shall recover no costs'or disbursements unless he shall recover five hundred dollars or more.” Plaintiff’s place of…

2Cases cited1 opinion

  1. Patterson v. John H. Woodbury Dermatological InstituteAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. Hubbard v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1911

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