Buck v. City of Lockport
New York Supreme Court
Taxation of costs. The plaintiff recovered judgment against the defendant in 9 justice’s court in an action arising on contract. Defendant appealed to the county court, stating in his notice that such appeal was taken on questions of law only {Code, § 352). The county court affirmed the judgment1 Defendant then brought an appeal to the general term of the supreme court, where the judgment was affirmed, with costs.
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Taxation of costs. The plaintiff recovered judgment against the defendant in 9 justice’s court in an action arising on contract. Defendant appealed to the county court, stating in his notice that such appeal was taken on questions of law only {Code, § 352). The county court affirmed the judgment1 Defendant then brought an appeal to the general term of the supreme court, where the judgment was affirmed, with costs. The plaintiff included in his bill of costs in the supreme court, interest on the judgment of the county court; also a charge of $1 13 for sheriff’s fees on execution. Defendant’s…
1Opinion of the CourtLamont, J.
—On a writ of error from an inferior court to the supreme court, the former practice was to include whatever was recovered below, together with -the costs in error, and any damages awarded, in the judgment of affirmance in the appellate court (Yates’ Pl., 806; Tillinghast’s Forms, 216).
The same practice is said, in Eno agt. Crooke, (6 How., 462), to be perhaps applicable to appeals from inferior courts to ihe present supreme court, but not to appeals from a judgment entered on the direction of a single judge to the general term where both judgments are in the same court (De Agreda agt.…
2Cases cited8 opinions
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Bull v. KetchumNew York Supreme Court · 1846
- Klock v. RobinsonNew York Supreme Court · 1839
- Bissell v. HopkinsNew York Supreme Court · 1825
- Sayre v. AustinNew York Supreme Court · 1830
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