Ex parte Lampman

New York Supreme Court

Ex parte Lampman

6 Cow. 400

DecidedOctober 15, 1826

StatusPublished

This text of 6 Cow. 400 (Ex parte Lampman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Lampman, 6 Cow. 400 (N.Y. Super. Ct. 1826).

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Opinion

Curia.

By the proviso to the 39th section of the statute in question, in all cases of appeal, if either party recover a sum not exceeding 25 dollars, his costs are not to exceed 7 dollars beside disbursements.

. , . .. , - - ,, , The case is, therefore, provided lor by that section; and the court below erred in not awarding the 7 dollars and disbursements.

The discretionary power of reducing the costs, is given by the 41st section, and is in cases not otherwise provided for. It can apply only to a case where the recovery in the common pleas is reduced below the recovery before fhe justice ; but still exceeds $25.

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Curia.

By the proviso to the 39th section of the statute in question, in all cases of appeal, if either party recover a sum not exceeding 25 dollars, his costs are not to exceed 7 dollars beside disbursements.

. , . .. , - - ,, , The case is, therefore, provided lor by that section; and the court below erred in not awarding the 7 dollars and disbursements.

The discretionary power of reducing the costs, is given by the 41st section, and is in cases not otherwise provided for. It can apply only to a case where the recovery in the common pleas is reduced below the recovery before fhe justice ; but still exceeds $25.

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Bluebook (online)

6 Cow. 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-lampman-nysupct-1826.