Legal Opinion

Laughran v. Orser

The Superior Court of New York City

Decided February 27, 1858PublishedCited by 1 opinion

Before BOSWORTH, HOFFMAN, WOODRUFF and PIERREPONT, Justices. This action comes before the court, on an appeal from, an order made by Mr. Justice Pierrepont, declaring that the clerk erred in adjusting the costs of the action in favor of the plaintiffs, and directing that the clerk adjust defendant’s costs of the action and insert them in the entry of judgment in the judgment roll.

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Before BOSWORTH, HOFFMAN, WOODRUFF and PIERREPONT, Justices. This action comes before the court, on an appeal from, an order made by Mr. Justice Pierrepont, declaring that the clerk erred in adjusting the costs of the action in favor of the plaintiffs, and directing that the clerk adjust defendant’s costs of the action and insert them in the entry of judgment in the judgment roll. The complaint shows that the plaintiffs recovered judgment in the supreme court, against* one Eicius 1ST. Hurley, for $311.66, on which an execution was issued against his property and delivered to the defendant to…

1Opinion of the Court

By the court—Bosworth, Justice.

This is an action for the recovery of money, and the plaintiffs have recovered but *283six cents. By sub. 4 of § 304 of the Code, they are not entitled to costs, unless the action be one, “ of which according to section 54, a court of a justice of the peace has no jurisdiction.” (Section 304, sub. 3.)

It is not one of the actions of which section 54 declares that no justice of the peace shall have jurisdiction. The mere statement of these provisions shows that the plaintiffs are not entitled to costs, unless there are other statutes modifying the natural and obvious…

2Cases cited1 opinion

  1. Stilwell v. StaplesThe Superior Court of New York City · 1856

3Cited by1 opinion

  1. Township of De Smet v. DowSouth Dakota Supreme Court · 1893

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