Mechl v. Schwieckart
New York Supreme Court
PPBAL from an order made at Special Term, denying costs to the plaintiff and giving costs to the defendant. The questions decided, and the facts upon which they depend, sufficiently appear in the opinion.
1Opinion of the Court
By the Court, E. Darwin Smith, J.
So far as the question of costs depended upon the amount of damages in the plaintiff’s complaint, it is well settled that such claim cannot be sustained.
The action was one of which a justice’s court would have jurisdiction, if the plaintiff had not claimed dam*600ages exceeding the jurisdiction of the justice. A plaintiff who brings such an action in this court and recovers less than $50 damages is clearly bound to pay the costs to the defendant. (Seaman v. Glegner, 3 Hun, 119. New v. Anthony, 4 id., 52. Powers v. Green, 6 id., 234, affirmed in Gowrt of Appeals,…
2Cases cited1 opinion
- Rathbone v. . McConnellNew York Court of Appeals · 1860
3Cited by3 opinions
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Paulson v. SorensonNorth Dakota Supreme Court · 1916
- Dunster v. KellyThe Superior Court of New York City · 1888