Crane v. Comstock

11 Johns. 404

Opinion

Per Curiam.

The act concerning costs, as it now stands, (1 N. R. L. 343. sess. 36. c. .6.) does not authorize a certificate that the trespass was wilful and malicious.

(a) The plaintiff, to eufiilu himself co costs, must recover above the sum of fifty dolsars> Im*ess freehold, or title to the land, comes in question. The recovery, therefore, being under fifty dollars, the defendant is entitled to costs.

1'he eighth section of the forme act, (sess. 24. c. 170.) is omitted in the reñssá act»