Johnson v. Chappell
New York Court of Common Pleas
Appeal from an order made by Chief Justice Charles P. Daly, affirming the decision of the clerk on taxation of costs. One commission was issued in the action, to which was annexed four separate sets of interrogatories,—one set for each of four witnesses to be examined thereunder. The clerk in taxing the plaintiffs’ costs allowed forty dollars as «costs for drawing said interrogatories, being ten dollars for each set.
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Appeal from an order made by Chief Justice Charles P. Daly, affirming the decision of the clerk on taxation of costs. One commission was issued in the action, to which was annexed four separate sets of interrogatories,—one set for each of four witnesses to be examined thereunder. The clerk in taxing the plaintiffs’ costs allowed forty dollars as «costs for drawing said interrogatories, being ten dollars for each set. The defendants claimed that but ten dollars should be allowed for drawing all.
1Opinion of the CourtRobinson, J.
This is an appeal from an order affirming the decision of the clerk, on taxation of costs in allowing «charges of ten dollars for each set of interrogatories annexed. to a single commission. Four witnesses were examined, and separate interrogatories were annexed for the examination of each witness. The allowance beyond ten dollars for the whole set of interrogatories was, in my opinion, erroneous. The language of Sec. 307 of the Code appears to me •explicit “ for attending upon and taking the deposition of a witness conditionally or attending to perpetuate his testimony,” indicating the…
2Cited by2 opinions
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- Burns v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1892