Rhodes v. Carr
New York Supreme Court
Appeal from Onondaga county court. Action by Frank Rhodes against Morris Carr. From an order denying a motion for a retaxation of costs, defendant appeals. - Plaintiff brought an action in the municipal court of the city of Syracuse, and recovered the sum of $38.71 damages. Defendant appealed to the county court of Onondaga county, where a trial was had, and a verdict was rendered for the plaintiff for the sum of $38. Judgment for that sum was entered, with $70.86 costs.
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Appeal from Onondaga county court. Action by Frank Rhodes against Morris Carr. From an order denying a motion for a retaxation of costs, defendant appeals. - Plaintiff brought an action in the municipal court of the city of Syracuse, and recovered the sum of $38.71 damages. Defendant appealed to the county court of Onondaga county, where a trial was had, and a verdict was rendered for the plaintiff for the sum of $38. Judgment for that sum was entered, with $70.86 costs. A motion was made for retaxation, which was denied, and the taxation affirmed, without costs of the motion. “No offer was…
1Opinion of the CourtHardin, P. J.
Chapter 522 of the Laws of 1885 amended section 3070 of the Code of Civil Procedure. In the last part of the section are found these words:
“If neither party make an offer, as provided herein, the party in whose favor the verdict, report or decision in the appellate court is given, shall be entitled to recover his costs upon the appeal.”
That section falls under the construction in McKuskie v. Hendrickson, 128 N. Y. 555, 28 N. E. 650. In the course of the opinion it was said:
“There is no provision in the Code giving the plaintiff costs in such a case against the defendant where the recovery is…
2Cases cited2 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Sherman v. ShislerSuperior Court of Buffalo · 1893
3Cited by2 opinions
- Pierano v. . MerrittNew York Court of Appeals · 1896
- Jones v. Watters, New York County Courts1928