Bailey v. Stone

By the court, Mullin, P. J.

This is an appeal from order made at the Erie special term, denying motion to set aside order of the clerk of said county, adjusting costs in favor of the plaintiff and against the defendant in this action.

An action for the same cause of action to recover, which this action was brought, was commenced in a justices’ court, and it appearing on the trial to the satisfaction of the justice that accounts proved on both sides exceeded $400, dismissed the plaintiff’s complaint on motion of the defendant’s counsel, and entered judgment for costs, in favor of the defendant.

Th…