People v. Chatauque Common Pleas

New York Supreme Court

People v. Chatauque Common Pleas

2 Wend. 618

DecidedAugust 15, 1829

StatusPublished

This text of 2 Wend. 618 (People v. Chatauque Common Pleas) 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 v. Chatauque Common Pleas, 2 Wend. 618 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Savage, C. J.

It is not necessary to recite in an appeal bond the amount of the costs before the justice; nor need the costs be regarded for any purpose other than to ascertain the amount of the penalty to be inserted in the bond. The court judicially know that the taxable costs before a justice against a losing party cannot exceed $5, and the penalty in this case being in the sum of $110, it is double the amount of the judgment rendered. The bond therefore is good, and the common pleas erred in quashing the appeal. Let an alternative mandamus issue.

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By the Court, Savage, C. J.

It is not necessary to recite in an appeal bond the amount of the costs before the justice; nor need the costs be regarded for any purpose other than to ascertain the amount of the penalty to be inserted in the bond. The court judicially know that the taxable costs before a justice against a losing party cannot exceed $5, and the penalty in this case being in the sum of $110, it is double the amount of the judgment rendered. The bond therefore is good, and the common pleas erred in quashing the appeal. Let an alternative mandamus issue.

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Bluebook (online)

2 Wend. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chatauque-common-pleas-nysupct-1829.