Hyperlawhypertext legal database People ex rel. Mailer v. Orange Common Pleas 2 Wend. 290

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People ex rel. Mailer v. Orange Common Pleas

2 Wend. 290 Court N.Y. Sup. Ct. English

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p. 290
The People, on the relation of Coleman Mailer, vs. The Orange Common Pleas.

Headnote

The costs on .jm^ce’s^judgdollars besides ments, where the recovery does not exceed $25, and toYhe^wiz" ing party, whether defendant or plaintiff
Motion for a mandamus. Mailer obtained a judgment against one Fuller before a justice; Fuller appealed, and on ^le common pleas recovered a judgment against Mailer for $6,75, and had his costs taxed at about $20, besides disbursements. \On the taxation before the judge, Maijer |nsisted. that Fuller was entitled to but $7 besides dis- w .bursements ; the judge decided otherwise, and on an appeal the common pleas confirmed the taxation. A motion was now ma(je for a mandamus directing a re-taxation. ■ ■ > . 11• "

, The costs on appeal are limited by statute to seven dollars, besides disbursements, where the recovery does not exceed $25, and then are given to the prevailing party, whether defendant or plaintiff. (I Wendell, 290.) Let an alternative mandamus issue. •