Legal Opinion
Lockwood v. Waldorf
New York Supreme Court
Decided December 2, 1895PublishedCited by 3 opinions
Appeal from order of Monroe county judge. Action by Orval A. Lockwood against George A. Waldorf to recover possession of certain chattels. From an order vacating so much of the judgment in favor of plaintiff as awarded to plaintiff the sum of $124.64, costs, plaintiff appeals.
1Opinion of the CourtPratt, J.
This is an appeal from the county judge of Orange county, who disallows $124.64, costs awarded to plaintiff against defendant. The county judge must be right. There was nothing de*200termined by the appellate court, except a judgment for the return of property the value of which was not fixed. The appellant relies on section 3228 of the Code as to when plaintiff is entitled to costs. Subdivision 2 of that section says:
“In an action to recover chattels, but if the value of the chattels, or all of the chattels, recovered by plaintiff, as fixed, is less than $50, the amount of his costs cannot…
2Cited by3 opinions
- Herman v. GirvinAppellate Division of the Supreme Court of the State of New York · 1896
- Rapid Safety Filter Co. v. WyckoffCity of New York Municipal Court · 1897
- Hausauer v. MachawiczAppellate Division of the Supreme Court of the State of New York · 1900