People ex rel. Solomon v. Lang
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew Lang, the clerk of the Munici- ■ pal Court of the city of New York, borough of Manhattan, fourth district, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of October, 1905, granting the relators’ motion for a peremptory writ of mandamus to require him to tax costé in a certain action brought in the Municipal Court of the city of New York, and…
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Appeal by the defendant, Andrew Lang, the clerk of the Munici- ■ pal Court of the city of New York, borough of Manhattan, fourth district, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of October, 1905, granting the relators’ motion for a peremptory writ of mandamus to require him to tax costé in a certain action brought in the Municipal Court of the city of New York, and to insert the same in the judgment heretofore entered therein.
1Opinion of the Court
Laughlin, J.:
The relators were defendants in an action brought in the Municipal Court. The plaintiff was nonsuited in that action. The relators complain, not of a failure to tax their disbursements, but of a failure on the part of the clerk to tax their statutory costs. The clerk evidently omitted to tax the statutory costs upon the theory that the plaintiff sued upon a “ free ’’'summons under the provisions of section 44 of the Municipal Court Act (Laws of 1902, chap. 580). The demand, however, exceeded fifty dollars, and we are of opinion that the clerk erred in issuing a free summons and…
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