Lultgor v. Walters
New York Supreme Court
HIS is an appeal by the plaintiff from a taxation of costs in favor of the defendant, and a motion to strike the defendant’s costs from the record. The recovery was for injuries received from the dog of the defendant.
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HIS is an appeal by the plaintiff from a taxation of costs in favor of the defendant, and a motion to strike the defendant’s costs from the record. The recovery was for injuries received from the dog of the defendant. The action was tried before Justice Hardin and a jury, May, 1872, at the circuit, and resulted in a verdict for the plaintiff of $47.66. Both parties presented bills of costs to the clerk of Onondaga, and claimed to have them taxed and inserted in the judgment record. The clerk taxed in favor ofithe defendant, and inserted the defendant’s costs in the record.
1Opinion of the CourtHardin, J.
The plaintiff ’ s counsel insists that under subdivision 3, of section 304 of the Code, the plaintiff is entitled to recover costs in this action.
That section provides, “costs shall be allowed, of course, to the plaintiff upon a recovery in the following cases.” * * "* (Subdivisions.) “ In the actions of which a court of justice of the peace has no jurisdiction. ’ ’
Section 53 of the Code confers jurisdiction upon justices of the peace in numerous cases, and by subdivision 2 thereof, viz., “all actions for damages for injury to rights pertaining to the person, or to personal or real property,…
2Cases cited1 opinion
- Fuller v. . CondeNew York Court of Appeals · 1871
3Cited by1 opinion
- Brady v. SmithNew York Marine Court · 1878