Barnard v. Pierce
Superior Court of Buffalo
Appeal by plaintiff from the taxation of costs on a judgment at special term, rendered on appeal from a judgment of a justice of the peace.
1Opinion of the Court
By the court, The plaintiff recovered in a court held by a justice of the peace $62.25 damages, and for which judgment was entered with costs. The defendants appealed. In the appellate court the plaintiff recovered $62 damages. The clerk taxed costs in favor of the plaintiff. The special term set aside that taxation, and ordered the clerk to tax costs in favor of the defendants. From this order the plaintiff appealed.
Hasten, J.
The question is, which party is under the statute entitled *233to costs on appeal from the justice’s court ? The recovery-in the appellate court Was more favorable to the…
2Cited by1 opinion
- Loomis v. HigbieNew York Supreme Court · 1865