Hamlin v. Hart

New York Supreme Court

Hamlin v. Hart

4 Cow. 396

DecidedMay 15, 1825

StatusPublished

This text of 4 Cow. 396 (Hamlin v. Hart) 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

Hamlin v. Hart, 4 Cow. 396 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Curia.

The plaintiff must pay costs to the defendant, It is true, the suit could not he brought in a Justice’s Court, the whole accounts of both sides exceeding $400. But the plaintiff, in order to recover costs, must have have sued in the Common Pleas. Ill assumpsit, the plaintiff can m no case have costs in the Supreme Court in a suit originally brought there, unless he recovers more than $50 damages.

Rule accordingly.

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Curia.

The plaintiff must pay costs to the defendant, It is true, the suit could not he brought in a Justice’s Court, the whole accounts of both sides exceeding $400. But the plaintiff, in order to recover costs, must have have sued in the Common Pleas. Ill assumpsit, the plaintiff can m no case have costs in the Supreme Court in a suit originally brought there, unless he recovers more than $50 damages.

Rule accordingly.

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Bluebook (online)

4 Cow. 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamlin-v-hart-nysupct-1825.