Legal Opinion

Tousley v. Mowers

New York County Courts

Decided September 15, 1895PublishedCited by 1 opinion

Appeal from justice’s court. Action by Rathbon C. Tousley against Jesse Mowers. Judgment was rendered in favor of defendant, and plaintiff appeals. Affirmed.

1Opinion of the CourtSignor, J.

Appeal from judgment entered on a verdict of no cause of action. Verdict was rendered about 7 p. m., April 22d; and, as appears from a supplemental return made by the justice, *856lie entered the verdict on his minutes as a verdict of no cause of action, but did not tax the costs until the succeeding day, when he entered the judgment within 24 hours from the time it was rendered. The judgment, as entered, is for damages, $5.05; costs, 35 cents. But in the return it is stated that the amount entered as damages is in reality costs, and the items making up the amount are given. Code, § 3015,…

2Cases cited2 opinions

  1. Fish v. . EmersonNew York Court of Appeals · 1871
  2. Champlin v. ChamplinNew York Court of Chancery · 1834

3Cited by1 opinion

  1. Sweet v. MarvinAppellate Division of the Supreme Court of the State of New York · 1896

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