Miller v. Koven

The successful plaintiff in a replevin action who recovered chattels, or the sum of $100, their value, moves for retaxation of costs on the clerk’s refusal to allow him a bill of costs. He claims that section 1473 of the Civil Practice Act is the only limitation on his right to costs, namely, that if the fixed value of the chattels is less than $50 his costs cannot exceed the amount of the value and the damage. An analysis of sections 1470 to 1474 of the Civil Practice Act, however, shows that certain limitations are contained in sections 1471 to 1473, inclusive. Section *861474 specifies…