Youker v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emerthew P. Johnson, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 11th day of February, 1901, denying the defendant’s motions for a retaxation of the costs and for the vacation of the taxation of the plaintiff’s costs, and for the striking of the amount thereof from the judgment theretofore entered in the action.
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Appeal by the defendant, Emerthew P. Johnson, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 11th day of February, 1901, denying the defendant’s motions for a retaxation of the costs and for the vacation of the taxation of the plaintiff’s costs, and for the striking of the amount thereof from the judgment theretofore entered in the action. The complaint sets forth five separate causes of action, consisting of an account stated, §154.40; a loan of $55; property received and converted, $230; use and…
1Opinion of the Court
Edwards, J.:
The question presented for our determination is which party is entitled to costs.
The.recovery being for less than fifty dollars, the plaintiff is not entitled to costs, and the defendant is so entitled, unless the action is one of those specified in subdivision 4 of section 2863 of the Code of Civil Procedure, of which a justice of the peace has no jurisdiction. (Code Civ. Proc. §§ 3228, 3229.) That section provides that a justice of the peace cannot take cognizance of a civil action “ Where, in a matter of account, the sum total of the accounts of both parties, proved to the…
2Cases cited4 opinions
- Glackin v. ZellerNew York Supreme Court · 1868
- Stilwell v. StaplesThe Superior Court of New York City · 1856
- Fuller v. . CondeNew York Court of Appeals · 1871
- Gilliland v. CampbellNew York Supreme Court · 1859
3Cited by1 opinion
- E. F. Houghton & Co. v. Alpha Process Co.Superior Court of Delaware · 1915