People on the relation of Severis v. Van Dusen

New York Supreme Court

People on the relation of Severis v. Van Dusen

3 How. Pr. 385, 1849 N.Y. Misc. LEXIS 20

DecidedJanuary 16, 1849

StatusPublished

This text of 3 How. Pr. 385 (People on the relation of Severis v. Van Dusen) 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

People on the relation of Severis v. Van Dusen, 3 How. Pr. 385, 1849 N.Y. Misc. LEXIS 20 (N.Y. Super. Ct. 1849).

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Opinion

Harris, Justice.

Whether a Plaintiff, entitled to costs, is to be allowed $7 or $12, for “all proceedings before notice of trial,” does not depend upon the question whether application has in fact been made to the court for judgment, but upon the nature of the action. If the action is one in which, in case the Defendant makes no defence, judgment may be entered under the first subdivision of the 262d section, then, in no event, can more than $7 be allowed for all the proceedings before notice of trial. On the other hand, if the action be one in which, in case of no defence, application must be made to the court for proper judgment under the second subdivision of the same section, then, in every case in which he recovers costs, the Plaintiff is entitled to $12. The clerk is, therefore, wrong in his construction of the section referred to, and the motion must be granted.

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Harris, Justice.

Whether a Plaintiff, entitled to costs, is to be allowed $7 or $12, for “all proceedings before notice of trial,” does not depend upon the question whether application has in fact been made to the court for judgment, but upon the nature of the action. If the action is one in which, in case the Defendant makes no defence, judgment may be entered under the first subdivision of the 262d section, then, in no event, can more than $7 be allowed for all the proceedings before notice of trial. On the other hand, if the action be one in which, in case of no defence, application must be made to the court for proper judgment under the second subdivision of the same section, then, in every case in which he recovers costs, the Plaintiff is entitled to $12. The clerk is, therefore, wrong in his construction of the section referred to, and the motion must be granted.

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Bluebook (online)

3 How. Pr. 385, 1849 N.Y. Misc. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-on-the-relation-of-severis-v-van-dusen-nysupct-1849.