Legal Opinion

Mandel v. Fertig

New York Supreme Court

Decided December 15, 1909PublishedCited by 3 opinions

Motion to compel clerk to tax costs. The opinion states the case.

1Opinion of the CourtGreen, J.

This is a motion to compel the clerk of this court to tax the costs in this action. The action was for forcible entry and detainer. Upon the trial the plaintiff recovered judgment for-fifty dollars, which ivas tried under the statute. The clerk refused to tax the costs upon the ground that the Municipal Court had jurisdiction of the action. While it is true that the Municipal Court has jurisdiction in an action for trespass, I find no authority giving it jurisdiction in such an action as the case at bar. The Municipal Court Act gives to that court jurisdiction in an action for an injury to…

2Cited by3 opinions

  1. Whitmore v. BehmNorth Dakota Supreme Court · 1911
  2. Billig v. Nelson Properties, Inc.City of New York Municipal Court · 1938
  3. Sweeney v. DahlSupreme Judicial Court of Maine · 1943

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