Kniering v. Lennon
New York Court of Common Pleas
Appeal from special term. Action by Conrad Kniering and another against William F. Lennon on a plumber’s bill. Plaintiffs’ demurrer to one of several counterclaims was sustained. The clerk taxed plaintiffs’ costs at $20, and plaintiffs appealed to the special term. From an order confirming the clerk’s taxation, plaintiffs appeal.
1Opinion of the CourtPryor, J.
To a complaint on a plumber’s bill, the defendant interposed an answer with several defenses and counterclaims. To one of the counterclaims the plaintiff demurred, and the demurrer was sustained, with leave to the defendant “to amend his answer * * * upon payment of the costs herein upon said demurrer.” The plaintiff presented a bill of costs, amounting, with disbursements, to $60.05. The disbursements being paid, the clerk taxed the costs at “$20, issue of law.” Upon appeal from the clerk’s taxation, it was confirmed, and we are to determine whether the order at special term be correct. The…
2Cited by2 opinions
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
- Garrett v. WoodNew York Supreme Court · 1898