Boomer v. Brown
New York Court of Common Pleas
Appeal from an order. The plaintiff recovered a judgment against the defendant in the N. Y. Marine Court, which on appeal to the general term of that court was affirmed. On further appeal to this court the judgment was reversed.
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Appeal from an order. The plaintiff recovered a judgment against the defendant in the N. Y. Marine Court, which on appeal to the general term of that court was affirmed. On further appeal to this court the judgment was reversed. Upon taxation of the costs of the defendant on such reversal, the clerk allowed him, in addition ■ to the costs of this court and the fee paid to the clerk of the Marine Court for making the return, “ the costs incurred by him which he would have been entitled to recover in case the judgment below (appealed from) had been rendered in his favor,” under the construction…
1Opinion of the Court
By the Court.*—Robinson, J.
—Appeals to this court from judgments of the Marine Court are regulated, and the only mode of reviewing such judgments is as prescribed, by chapter Y of the second part of the Code of Procedure (§§ 351 to 371).
Section 352, as amended in 1857 and 1862, limited such appeal to an “ actual determination ” of the general term of that court. Throughout the various sections of this chapter regulating the mode of proceeding, the term, “ justice ” is used as correlative or of equivalent meaning with the various terms “ Marine Court,” “ Assistant Justices’ Courts” of this…
2Cases cited3 opinions
- Folger v. . FitzhughNew York Court of Appeals · 1869
- Hardy v. SeelyeNew York Court of Common Pleas · 1856
- Frank v. BennerNew York Court of Common Pleas · 1871