Hall v. Lindo
New York Court of Common Pleas
Motion for a readjustment of costs. This was an action brought against the defendant Lindo and one Ellen Banks for the dissolution of a copartnership, and an accounting. The defendant Banks was a married woman. Both defendants appeared by one attorney ; the former put in an answer, the latter a demurrer, to the complaint.
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Motion for a readjustment of costs. This was an action brought against the defendant Lindo and one Ellen Banks for the dissolution of a copartnership, and an accounting. The defendant Banks was a married woman. Both defendants appeared by one attorney ; the former put in an answer, the latter a demurrer, to the complaint. The plaintiff desiring to discontinue, after request for consent from defendants’ attorney, and a refusal by him, moved for and obtained an order allowing him to discontinue, “ on payment of costs of suit to be taxed.” Before this order was served on the defendants’…
1Opinion of the CourtHilton, J.
The plaintiff appeals from the decision of the clerk on adjusting costs, in allowing for proceedings subsequent to the notice of trial; but as it appears that the notice of trial was served before the defendants received, the order permitting the plaintiff to discontinue on payment of costs, I do not understand upon what principle the defendants can be deprived of a fee to which they became entitled on serving the notice.
The defendants also appeal from the adjustment, claiming to be entitled to separate bills of cost, inasmuch as the defendants were not united in interest, and a separate and…
2Cases cited2 opinions
- Canfield v. GaylordNew York Supreme Court · 1834
- Florence v. BatesThe Superior Court of New York City · 1850