66 How. Pr. 143 | City of New York Municipal Court | 1883
The defendant appealed to the court of common pleas from an order made by the general term of the city court. The common pleas dismissed the appeal “ with costs,” and the clerk of the city court taxed the plaintiff’s costs at “ ten dollars,” besides disbursements. The plaintiff appeals from the taxation, claiming that he should have been allowed the full statutory costs, the same as on an appeal from a judgment. The,plaintiff is correct in his interpretation of the statute. While it is true that upon an appeal taken from certain orders to the general term of the city court but ten dollars costs and the disbursements are allowable, there is no distinction made in the statute regulating appeals from the city court to the common pleas as to whether the appeal be from an order or a judgment. There is but one fee bill in such a case, and it is applicable alike to all appeals. The provision in reference to costs is general. It allows: “ Upon an appeal to the court of common pleas from the city court, before argument, twenty dollars; for argument, forty dollars; for