Lillis v. O'Conner
New York Supreme Court
Appeal from an order of the County Court of Cortland county, denying a motion to strike from the record the plaintiff’s costs, except six cents, the amount of the verdict. The action was assault and battery, brought in the County Court of Cortland county. The defense interposed by the answer was: (1) general denial; (2) son assault demesne; (3) justification in defense of defendant’s possession of his real property. On the trial the plaintiff had a verdict of six cents.
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Appeal from an order of the County Court of Cortland county, denying a motion to strike from the record the plaintiff’s costs, except six cents, the amount of the verdict. The action was assault and battery, brought in the County Court of Cortland county. The defense interposed by the answer was: (1) general denial; (2) son assault demesne; (3) justification in defense of defendant’s possession of his real property. On the trial the plaintiff had a verdict of six cents. The plaintiff obtained a certificate, signed by the county judge, that the title to real pi’op-erty was raised and put in…
1Opinion of the Court
JBooKes, J.:
The decision in Dinehart v. Wells (2 Barb., 432) seems entirely conclusive of the question presented on this appeal. According to that decision the provision of the Code which declares that in an action for assault and battery, if the plaintiff recover less than fifty dollars damages, he shall recover no more costs than damages, does not nullify or affect the prior provision of the same section (304), which provides that costs shall be allowed of course to the plaintiff when a claim of title to real property arises on the pleadings, or is certified by the court to have come in…
2Cases cited4 opinions
- Barney v. KeithNew York Supreme Court · 1831
- Dinehart v. WellsNew York Supreme Court · 1848
- Niles v. LindsleyThe Superior Court of New York City · 1852
- Mumford v. WitheyNew York Supreme Court · 1828