Sloat v. Allen

Decided June 5, 1834

New York Supreme Court · decided 1834-06-05

The plaintiffs noticed their damages to be assessed by a jury on a writ of inquiry, after a default for not pleading. The jury was summoned and attended, when the defendant gave a cognovit for the sum claimed, which was less than $250. The plaintiffs accepted the cognovit, and taxed their costs at $36. The defendant moved for a re-taxation.

Decided 1834-06-05

¶1By the Court,

Nelson, J.

¶2The costs must be re-taxed. The plaintiffs are entitled to no more costs than if the writ of inquiry had been executed, viz. $16, and the fees of the officers of the court and actual disbursements. The cognovit must be considered as a substitute for the inquisition.