Legal Opinion

Hubbard v. Heinze

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1911PublishedCited by 4 opinions

Appeal by the defendant, F. Augustus Heinze, from an order of the Supreme Court, made at the New York Special ' Term and entered in the office of the clerk of the county of New York on the 8th day of June, 1911, denying defendant’s motion for a retaxation of costs.

1Opinion of the Court

Scott, J..:

This is in form an appeal from an order denying defendant’s motion for a retaxation of costs, but in effect challenges the plaintiff’s right to recover costs at all.

The action is for assault. The defendant was a resident of New York county and could have been served therein, but hearing that plaintiff proposed to commence an action; he voluntarily appeared. The plaintiff recovered judgment for less than $500. The case was one which could. have been brought, except for the amount claimed, in the City Court of the city of New York, and the defendant’s contention is that since the…

2Cases cited1 opinion

  1. Seymour v. WheelerAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by4 opinions

  1. Francis v. LoweNew York Supreme Court · 1943
  2. G. P. Putnam's Sons v. PickettAppellate Division of the Supreme Court of the State of New York · 1912
  3. Moscahlades v. PetriAppellate Division of the Supreme Court of the State of New York · 1918
  4. Jacobs v. WhiteAppellate Division of the Supreme Court of the State of New York · 1914

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