Chase v. Miser
New York Supreme Court
MOTION by the defendant to compel the clerk to tax defendant’s costs of appeal from the county court to General Term, and from a justice’s court to the county court of Jefferson county. The plaintiff recovered, before a justice of the peace of Jefferson county, a judgment for $23, damages and costs.
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MOTION by the defendant to compel the clerk to tax defendant’s costs of appeal from the county court to General Term, and from a justice’s court to the county court of Jefferson county. The plaintiff recovered, before a justice of the peace of Jefferson county, a judgment for $23, damages and costs. The defendant appealed to the county court, on questions of law only, and also asked for a new trial on the ground that it was taken by default, and that manifest injustice was done to the defendant by the judgment. Affidavits tending to excuse the default, and to show that injustice was done to…
1Opinion of the CourtHardin, J.
It has been repeatedly held that the clerk has no power of a judicial nature which he can exercise, and award costs to either party. His duties are ministerial, and he must obey the orders and directions given by the courts.
*443It was held in. Chapin v. Churchill, (12 How., 367,) that when a judgment was reversed “ without costs to either party,” the clerk had no power nor authority to enter the judgment of reversal ‘■‘■with costs.” And it was there held “he should follow the decision of the court.”
Since the decision of that case, it was held in Hees v. Nellis, (1 Thomp. & C., 118,) that where a…
2Cases cited2 opinions
- Wavel v. . WilesNew York Court of Appeals · 1862
- Bennett v. ButterworthSupreme Court of the United States · 1852