Hausauer v. Machawicz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julia Merkwa, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 14th day of June, 1900, directing a retaxation of the plaintiffs’ costs at the amount provided for in section 3251 of the Code of Civil Procedure.
Read the full summary
Appeal by the defendant, Julia Merkwa, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 14th day of June, 1900, directing a retaxation of the plaintiffs’ costs at the amount provided for in section 3251 of the Code of Civil Procedure. The plaintiffs brought this action in the Supreme Court to recover a large number of chattels and asked that the value thereof be fixed fit $200, and the damages for detention at $100. Among the long list of articles enumerated is a glass showcase. The defendant Merkwa tendered…
1Opinion of the Court
Spring, J.:
Costs are entirely a creature of the statute and their imposition must,-therefore, rest upon some specific statutory warrant. ' (Equitable Life Assurance Society v. Hughes, 125 N. Y. 106, 108.)
Section 3228, subdivision 2, of the Code of Civil Procedure provides for the allowance of costs of course to the plaintiff in a final-jndg- ■ ment for the recovery of a chattel. It makes the adjustment of the costs depend upon the value of the chattel and the damages awarded as fixed at the trial. If such value with the damages is less than fifty dollars then the costs cannot exceed the…
2Cases cited4 opinions
- Equitable Life Assurance Society of the United States v. HughesNew York Court of Appeals · 1890
- Hammond v. . MorganNew York Court of Appeals · 1886
- Lockwood v. WaldorfNew York Supreme Court · 1895
- Rapid Safety Filter Co. v. WyckoffCity of New York Municipal Court · 1897