Bradner v. . Howard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, reversing an order of Special Term which denied plaintiff’s motion for costs and directed costs to be taxed in favor of defendant, the order appealed from also directed costs to be taxed in favor of plaintiff.
Read the full summary
Appeal from order of the General Term of the Supreme Court, reversing an order of Special Term which denied plaintiff’s motion for costs and directed costs to be taxed in favor of defendant, the order appealed from also directed costs to be taxed in favor of plaintiff. (Reported below, 14 Hun, 420.) This action was upon an account; plaintiff recovered in the action $21.31. He claimed costs for the reason that he originally commenced his action in justice’s court, which Avas discontinued on motion of defendant, on the "round that the amount involved was over $400. The folloAving is a copy of…
1Opinion of the CourtAndrews, J.
The docket of the justice contains all the particulars necessary to constitute a valid judgment of discontinuance for want of jurisdiction. It shows the service of the summons, the appearance of the parties, the issue, a motion for discontinuance made by the defendant on the ground that the accounts between the parties exceeded $400, the granting of the motion upon the ground upon which it was put, and the items of costs in the action. It also recites that it satisfactorily appeared to the justice from the proof offered, that the accounts of the parties exceeded the sum named. It does not in…
2Cases cited2 opinions
- Stephens v. . SanteeNew York Court of Appeals · 1872
- Glackin v. ZellerNew York Supreme Court · 1868
3Cited by4 opinions
- Thorburn v. GatesNew York Supreme Court · 1918
- Johnson v. Case, New York County Courts1916
- Totman v. DrakeNew York County Court, Chautauqua County · 1906
- Totman v. Drake, New York County Courts1906