Practice, Pleadings, and Forms in Civil Actions in Courts of Record in the State of New York; Adapted to the Code of Procedure of the State of New York; Adapted Also to the Practice in California, Missouri, Indiana, Wisconsin, Volume 2
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...the judge out of court. There appears to be no way of compelling a judge to grant a certificate of this character. He cannot be compelled to do so by mandamus. (Judges of Oneida C. P. v People, 18 W'end. 79.) ART. 2.--Costs in actions for chattels. Costs are allowed to the successful party as of course on a recovery in an action for the possession of personal property. (Code, 304, 305.) But if the plaintiff recovers less than fifty dollars damages in such an action, he can recover no more costs (including disbursements, see p. 580), than damages, unless he recovers property, or the possession of property is adjudged to him, the value of which, as assessed by the jury, court, or referee, by whom the action is tried, amounts, with the damages, to fifty dollars. (Code, 304.) The damages only, and not the value of the property, are to be the measure of costs in such a case. Thus, if the plaintiff recovers property worth $25, and only six cents damages, he can recover only six cents costs. (Mi-nks v. Web', sp. t., 8 How. 238.) This rule no longer works the hardship complained of in M inks v. Wolf (supra), as an action can be brought in a justice's court for chattels worth $100 or less. ' Costs in actions for chattels. In actions for personal injuries. An action in which (1) the plaintiff demands an injunction to-prevent the defendant from interfering with chattels, and (2) damages for past interference, but in which it is admitted that the plaintiff was at the commencement of the action in possession of the property, is not an action for personal property. (Ashley v. Marshall, 30 Barb. 426; 9 Abb. 361; 19 How. 110.) ART. 3.--Costs in actions for personal injuries. Costs are allowed as of course to the successful party...
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- 13 Sep 2013
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