Gilliland v. Campbell
New York Supreme Court
This action was tried before a referee, who reported his conclusions of fact; and added thereto his conclusion of law, “ that the plaintiff recover of the defendant $26.12, with costs.” The plaintiff had his costs adjusted by the cleric, and then entered a judgment upon the report against the defendant for $26.12 damages, and $80.12 costs.
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This action was tried before a referee, who reported his conclusions of fact; and added thereto his conclusion of law, “ that the plaintiff recover of the defendant $26.12, with costs.” The plaintiff had his costs adjusted by the cleric, and then entered a judgment upon the report against the defendant for $26.12 damages, and $80.12 costs. The defendant made a motion to set aside the judgment for costs against him, and asked for an order that he have judgment for costs against the plaintiff. The’ action was founded on a promissory note, for the payment of $186. The defence was, that the note…
1Opinion of the Court
Balcom, Justice.
I am of opinion the facts show that this was an action, of which, according to section 54 of the Code, a court of a justice of the peace had no jurisdiction ; and that, therefore, the plaintiff was entitled to recover costs of the defendant. (Code, § 304, subdivision 3.) The settlement made by the parties of their accounts was found to be erroneous; and for that reason the accounts were not liquidated by the settlement, but were unliquidated so far as the trial was concerned. And as they exceeded $400, and must have been proved to exceed that sum, to the satisfaction of a…
2Cases cited3 opinions
- Crim v. CronkhiteNew York Supreme Court · 1857
- Graves v. BlanchardNew York Supreme Court · 1850
- Mersereau v. RyerssNew York Supreme Court · 1856
3Cited by3 opinions
- Glackin v. ZellerNew York Supreme Court · 1868
- Hayden v. WaymireOregon Supreme Court · 1882
- Youker v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1901