Fobes v. Meigs
New York Supreme Court
Taxation of costs. The plaintiff in an action of assumprecovered a sum less than fifty dollars. The defendant in his bill of costs charged for making up a record of judgment, which was allowed by the taxing officer ; from which taxation there was an appeal to this court.
1Opinion of the Court
*309 By the Court,
Marcy, J.
In England, where a plaintiff recovers a sum not carrying costs, and the defendant in consequence is entitled to costs, the practice is, to move the court for leave to enter a suggestion to that effect upon the record, to have the costs taxed and marked upon the postea and issue roll. Here, where it appears upon the face of the postea that the defendant is entitled to costs, it is not necessary to make such motion. By our statute, in a case like this, if the plaintiff does not recover above the sum of fifty dollars besides costs, he does not recover costs, but pays…
2Cited by4 opinions
- Rich v. HussonThe Superior Court of New York City · 1852
- Crim v. CronkhiteNew York Supreme Court · 1857
- Johnson v. SagarNew York Supreme Court · 1855
- Dingee v. ShearsNew York Supreme Court · 1883