Johnson v. Farrell

By the Court.*—Emott, J.

—The judgment which was entered in this action in the City Court was plainly irregular and improper. The plaintiff sued on a money demand; the defend*385ant answered payment and the statute of limitations. The case was referred, and the referee reported that there was $47 due the plaintiff. Upon this report the defendant was entitled to costs, but the plaintiff was also entitled to the amount due him. The amount of the defendant’s costs, when taxed, should have been set off in the judgment against the plaintiff’s recovery, and execution awarded for the excess of the one…