Jackson v. Figaniere — 15 How. Pr. 224

Majority

p. 224

SUPREME COURT.

George T. Jackson agt. Cesar H. S. Figaniere.

Headnote

Under § 309 of the Code, &p er centage may be allowed on the entry of judgment for the issuing of an attachment, although no property has been attached.

New - York Special Term,

February, 1858.

This was a motion by way of appeal from the adjustment of the costs by the county clerk, who had allowed upon the entry of judgment, a per centage for the issuing of an attachment, although no property had been attached, holding that by the wording of § S09 of the Code of Procedure, the per centage was to be computed upon the amount “ claimed or attached.” The motion was made to reduce the costs as adjusted, by striking out the item of allowance.

Robert B. Roosevelt, for the plaintiff.

Charles N. Black, for the defendant.

Held, that the sections of the Code concerning costs, should be liberally construed, and that under the wording and intent of § 309, the per centage was allowable, and was properly inserted in the judgment.

Motion denied, without- costs.