Moore v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Taylor, from that portion of a judgment of the County Court of Suffolk county, entered in the office of the clerk of the county of Suffolk on the 2d day of January, 1903, upon an order of said County Court bearing date the 7th day of April, 1902, and entered in said clerk’s office, reversing :a judgment of a justice of the peace in favor of the plaintiff, as,. determines that the entry of judgment by said justice was an error in fact and…
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Appeal by the defendant, Joseph Taylor, from that portion of a judgment of the County Court of Suffolk county, entered in the office of the clerk of the county of Suffolk on the 2d day of January, 1903, upon an order of said County Court bearing date the 7th day of April, 1902, and entered in said clerk’s office, reversing :a judgment of a justice of the peace in favor of the plaintiff, as,. determines that the entry of judgment by said justice was an error in fact and denies costs to the defendant.
1Opinion of the Court
Hooker, J.:
The County Court of Suffolk county reversed the judgment of the justice of the peace, and the defendant appeals from that portion thereof which denied costs upon the reversal. The court below erred, we think, in- holding that the error of the justice requiring the reversal was one of fact. Had the error been of that character, under section 3066, subdivision 2, of the Code of Civil Procedure, the costs were in its discretion, but the error was one of law, and under subdivision 4 of that section the appellant was entitled to his costs of appeal.
The summons was seasonably served and…
2Cited by4 opinions
- Haight v. PotterAppellate Division of the Supreme Court of the State of New York · 1919
- Keen v. MirabileNew York Supreme Court · 1965
- People v. HarberAppellate Division of the Supreme Court of the State of New York · 1905
- Sherer v. CannonNew York County Court, Steuben County · 1907