Herman v. Girvin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Max Herman and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the. 29th day of February, 1896, striking from the judgment therein the costs taxed in favor of the plaintiff.
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Appeal by the plaintiffs, Max Herman and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the. 29th day of February, 1896, striking from the judgment therein the costs taxed in favor of the plaintiff. The action was brought to recover possession of certain chattels, the value of which, as stated in the complaint, was $100. The property was taken by the sheriff under a requisition, and the defendant, not having excepted to the plaintiffs’ undertaking, and having omitted to require a return of the property…
1Opinion of the Court
Adams, J.:
The right to costs in an action of this character is undoubtedly regulated by. the provisions of section 3228 of the Code of Civil *420Procedure, which, so far as they affect the question presented by this appeal, read as follows :
“ The plaintiff is entitled to costs of course, upon the rendering of a final judgment in his favor, in either of the following actions :
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“ 2. An action to recover a chattel. But if the value of the chattel, or of all the chattels, recovered by the plaintiff, as fixed, together with the damages, if any, awarded to him, is less than fifty dollars,…
2Cases cited3 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Brewster v. . SillimanNew York Court of Appeals · 1868
- Lockwood v. WaldorfNew York Supreme Court · 1895
3Cited by3 opinions
- Lopiano v. Telephone Co.New York Supreme Court · 1931
- Miller v. KovenNew York Supreme Court · 1926
- Rapid Safety Filter Co. v. WyckoffCity of New York Municipal Court · 1897