Brown v. Majors
New York Supreme Court
Question of costs in an action of trespass on lands, where the recovery was less than $50. The opinion of the court is referred to for the facts of the case.*
1Opinion of the Court
By the Court,
Savage, Ch. J.
This is an action for trespass on land, in which the plaintiff recovered $30, and now moves for costs, on the ground that the title to land came in question upon the trial.
The plaintiff’s right to costs in such a case depends upon the judge’s certificate, and it might be sufficient to say that in this case the judge has not certified that the title to land came in question. It was his duty to give such a certificate if, in his opinion, such was the fact; and if such was not the fact, *496in my judgment he ought not to have given any certificate whatever. The circuit…
2Cases cited1 opinion
- Aikin v. BuckNew York Supreme Court · 1828
3Cited by4 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Rathbone v. McConnellNew York Supreme Court · 1855
- Burnet v. KellyNew York Supreme Court · 1854
- Powers v. ConroyNew York Supreme Court · 1874