Pierano v. . Merritt
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial department, made May 23, 1895, affirming an order of the County Court of Westchester county, which vacated a taxation of costs by the county clerk in favor of the defendant, and directed that costs be taxed in favor of the plaintiff. This action originated in Justice’s Court, where the plaintiff recovered a judgment for the sum of $200, besides costs.
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Appeal from an order of the General Term of the Supreme Court in the second judicial department, made May 23, 1895, affirming an order of the County Court of Westchester county, which vacated a taxation of costs by the county clerk in favor of the defendant, and directed that costs be taxed in favor of the plaintiff. This action originated in Justice’s Court, where the plaintiff recovered a judgment for the sum of $200, besides costs. The defendant appealed to the County Court, and in his notice of appeal demanded a new trial, but neither party made an offer of judgment, as authorized by…
1Opinion of the CourtVann, J.
The question presented by this appeal requires us to construe section 3070 of the Code of Civil Procedure as it stood prior to the amendment of 1895. Various authorities have been cited in aid of the proper construction, and in order to appreciate their force and mark the change of policy in legislation, it will be of advantage to see how the Code stood when these decisions were made.
The earliest statute that we find upon the subject is the Code of Procedure, which required a party appealing from a judgment rendered in Justice’s Court to state in his notice of appeal in what particulars he…
2Cases cited3 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Rhodes v. CarrNew York Supreme Court · 1895
- Vogel v. SchlueterNew York Supreme Court · 1893
3Cited by6 opinions
- Fowler v. DearingAppellate Division of the Supreme Court of the State of New York · 1896
- Clark v. MalzacherAppellate Division of the Supreme Court of the State of New York · 1897
- Frisch v. DussaultAppellate Division of the Supreme Court of the State of New York · 1915
- Rose v. WellsAppellate Division of the Supreme Court of the State of New York · 1904
- Chiacchia v. Nineteen Hundred Corp.Appellate Division of the Supreme Court of the State of New York · 1934
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