PRACTICE REPORTS IN THE SUPREME COURT AND COURT OF APPEALS, OF THE STATE OF NEW YORK. BY NATHAN HOWARD, JR., VOLUME XXXIX. ALBANY : WILLIAM GOULD & SON, LAW BOOKSELLERS AND PUBLISHERS. 1870. ن Entered according to act of Congress, in the year eighteen hundred and seventy, BY WILLIAM GOULD & SON, In the Clerk's Office of the District Court of the Northern District of New York. Nec. Oct:33,1872 CASES REPORTED. A. I. 481 In the matter of Henry J. Anderson 184 356 Abbe agt. Allen.... Ahern agt. National Steamship Co.. 403 In the matter of John Foley. In the matter of Henry Lewis...... 155 108 In the matter of John Riley.. Barry agt. Fisher. B. Boyd agt. McDonough. Brand agt Brand......... C. Clark agt. Binninger.. Clark agt. Wise.. Commiss'ners of Excise agt. Harvey 191 Commissioners of Excise agt. McCullough... Copley agt. O'Neil... Cottle agt. Vanderheyden.... 97 Kiefer agt. Winkens.. 176 Kip agt. Howes.. 139 37 41 L. 289 D. Livingston agt. Murray. 102 PRACTICE REPORTS SUPREME COURT. SAMUEL S. PURVIS, appellant agt. JAMES D. GRAY, respondent. The provision of § 371 of the Code, requiring service of an offer, to allow judgment to be corrected, upon the appellant and the justice, is applicable to the party, when the appeal is made by the party in person; but when an attorney appeals, section 417 of the Code substitutes the attorney in the place of the party; and the offer must then be served on the attorney and the justice. Albany General Term, March, 1869. MILLER, INGALLS and HOGEBOOM, Justices. The plaintiff recovered judgment in justices court for $133.00, and on a new trial in the county court the judgment was reduced to $92.00. The defendant, by his attorney, brought an appeal, and in his notice of appeal claimed that the judgment should have been more favorable to him, in that it should have been for only $40.00. Within fifteen days after service of the notice of appeal, the respondent, by his attorney, served upon the justice, and also on the appellant, personally, a written offer that the judgment might be reduced to $ss.00. After verdict in the county court both parties had their costs duly taxed, and the clerk thereupon docketed a judgment in favor of the respondent, including therein respondent's costs. The plaintiff moved the county court to correct such judgment by striking out the amount of costs, and by |