Bernstein v. Goldstone

Shasta District Court

Bernstein v. Goldstone

2 Cal. Dist. Ct. 16

DecidedSeptember 15, 1857

StatusPublished

This text of 2 Cal. Dist. Ct. 16 (Bernstein v. Goldstone) is published on Counsel Stack Legal Research, covering Shasta District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernstein v. Goldstone, 2 Cal. Dist. Ct. 16 (shastadistct 1857).

Pincite

Opinion

Daingekfield, J.

— The verdict in this case carries costs, and is not one of those cases. provided for in sec. 495 of the practice act. Where damages are hut the incident, and net the subject of the action, a judgment will carry costs, particularly where, there is no other court before which the suit could be prosecuted. A justice of the peace has no jurisdiction in an action of slander. Thus, in actions commenced with an injunction to restrain waste, and damages are claimed as an incident, a verdict in any amount will carry costs.

In this case, however, the plaintiif failed to file, within the two days after judgment, his sworn bill of costs, and it cannot be filed after that time has elapsed, unless leave had been given by the court, within the two days, to file the same, after that tune.

Free access — add to your briefcase to read the full text and ask questions with AI

Daingekfield, J.

— The verdict in this case carries costs, and is not one of those cases. provided for in sec. 495 of the practice act. Where damages are hut the incident, and net the subject of the action, a judgment will carry costs, particularly where, there is no other court before which the suit could be prosecuted. A justice of the peace has no jurisdiction in an action of slander. Thus, in actions commenced with an injunction to restrain waste, and damages are claimed as an incident, a verdict in any amount will carry costs.

In this case, however, the plaintiif failed to file, within the two days after judgment, his sworn bill of costs, and it cannot be filed after that time has elapsed, unless leave had been given by the court, within the two days, to file the same, after that tune.

Cite This Page — Counsel Stack

Bluebook (online)

2 Cal. Dist. Ct. 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernstein-v-goldstone-shastadistct-1857.