Garling v. Ladd

Boardman, J.:

Are the costs of appeal from a Justices’ Court to the County Court, when a new trial is had, to be now governed by section 371 of the old Code, or section 3070 of the Code of Civil Procedure ? The notice of appeal to the County Court specified as error “ that the justice erred in not rendering judgment in favor of the defendant.” No offer was made by respondent to coi'rect the judgment in that respect. Afterwards the Code of Civil Procedure was enacted, by which the rights to costs were put upon a different basis. The case was retried in the County Court, and the plaintiff’s…