Davenport v. City of Elizabeth

The opinion of the court was delivered by

Parker, J.

An action was brought in the Supreme Court, in the name of Charles F. Davenport, (for the use of James B. Irwin,) against the city of Elizabeth. Judgment was given for the defendants. The cause was removed to the Court of Errors and Appeals, where the judgment was affirmed.

The costs of defendants in the Supreme Court and in the Court of Errors and Appeals amounted to $63.19.

Irwin, for whose use the action was brought, and whose name appears on the record, refused to pay the costs, and a rule to show cause why he should not be compelled to do…