Clark v. Carroll
New York Court of Common Pleas
Taxation of costs on appeal from district courts.
1Opinion of the CourtJ. F. Daly, J.
The Code of Civil Procedure, sections 3060 and 3067, providing for costs on appeal from judgments of justices of the peace, apply to appeals from the district courts. • Section 3213 provides that appeals from the latter courts may be taken in the cases and in the manner prescribed for appeals from the former.
The manner of taking the appeal includes the manner of disposing of it, when there is no other provision as to how the appeal shall be determined and as to costs thereon.
*48The repealing act of 1880, chapter 245, section 3, subdivision 7, declares that the repeal does not affect any…
2Cited by2 opinions
- Eisler v. Union Transfer & Storage Co.New York Court of Common Pleas · 1891
- McGovern v. EldredgeNew York Court of Common Pleas · 1892