¶1said the words “ exclusive of costs” in the 37th section of the title of the revised statutes relative to the court of chancery, (2 R. S. 173,) directing the court to dismiss every suit concerning property, where the matter in dispute, exclusive of costs, does not exceed the value of $100, refers to the costs of the suit in that court merely. That a judgment creditor, therefore, who had recovered a judgment in a court of law, and upon which judgment there was due for debt and costs more than $100, was authorized to file a creditor’s bill; although the amount due upon such judgment, exclusive of the costs included therein, was less than $100, at the time of filing such bill.
9 Paige Ch. 362
Spear v. Given
Decided October 22, 1841
New York Court of Chancery · decided 1841-10-22
This was an application for a receiver upon a creditor’s bill. And the defendants’ counsel objected that the coqrt ought not to take jurisdiction of the caseras the amount pf the debt for which the judgment in the suit at law was rendered was less than $100; although the debt and costs in that suit exceeded that sum.
Decided 1841-10-22