McKuskie v. . Hendrickson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, made December 8, 1890, which reversed an order of the County Court of Queens county, setting aside the taxation of costs herein and reducing the judgment in favor of plaintiff by deducting therefrom the costs included therein. The plaintiff recovered a judgment in a Justices Court for thirty dollars damages, .besides costs.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, made December 8, 1890, which reversed an order of the County Court of Queens county, setting aside the taxation of costs herein and reducing the judgment in favor of plaintiff by deducting therefrom the costs included therein. The plaintiff recovered a judgment in a Justices Court for thirty dollars damages, .besides costs. From that judgment the defendant appealed to the County Court, demanding a new trial, and within fifteen days after the service of the notice of appeal caused a written offer…
1Opinion of the CourtEarl, J.
Costs are regulated by statute, and unless the plaintiff can point to some statute giving him costs in a case like this he is not entitled to any. He is not entitled to costs by virtue of any general provision contained in section 3228 of the Code, because he did not recover as much as fifty dollars. The only section of the Code relating to costs in a case like this is 3070, and that provides as follows: “Upon an appeal provided for in this article, from a judgment for a sum of money only, either party may within fifteen days after service of the notice of appeal, serve upon the adverse…
2Cited by41 opinions
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- Fouracre v. WhiteSuperior Court of Delaware · 1917
- In re the Liquidation of Consolidated Mutual InsuranceNew York Court of Appeals · 1983
- State v. RoseSuperior Court of Delaware · 1929
- Martin v. MartinNew York City Family Court · 1968
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