Eckerson v. Spoor
New York Supreme Court
This was an appeal from the County Court of Schoharie. The cause was noticed and put on the calendar by both parties, at the general terms of this court, held in September and November, 1849, but not reached. It was again noticed by both parties and placed on the calendar at the last February general term.
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This was an appeal from the County Court of Schoharie. The cause was noticed and put on the calendar by both parties, at the general terms of this court, held in September and November, 1849, but not reached. It was again noticed by both parties and placed on the calendar at the last February general term. When reached, it appeared that the appeal was from a decision of the county judge, reversing a judgment of a justice of the peace, and ordering a new trial; and the court refused to hear the appeal, holding that no appeal could lie from such a decision. Afterwards, at a special term, held…
1Opinion of the Court
Parker, Justice.
The plaintiff is clearly wrong in having proceeded to issue execution to collect a sum of money that has never been ascertained, either by the court or by one of its officers, and which the defendants have never been adjudged to pay. A party can in no case tax his own costs, and proceed to collect them by execution : nor can an execution be issued, in any case, unless the amount in dollars and cents has first been adjudged by the court. In case of final judgment, the judgment-roll is the foundation for the execution; and in case of interlocutory costs, or costs ordered to be…
2Cases cited1 opinion
- Lorton v. SeamanNew York Court of Chancery · 1842