Naugatuck Cutlery Co. v. Rowe
New York Supreme Court
Appeal from taxation of costs. On the rendering of the verdict, the defendants, Daniel C. Rowe, Sumner Babcock and William Post, moved for a new trial upon the judge’s minutes, under section 999 of the Code of Civil Procedure, The motion was denied. Upon taxation of the plaintiff’s costs the clerk allowed for “ motion for new trial on minutes, $30,” and the defendant appealed.
1Opinion of the CourtLawrence, J.
It is not necessary on this motion to inquire whether the case of Muller n. Higgins (44 How. Pr. 224), was correctly decided. This motion must be disposed of under the provisions of the Code of Civil Procedure, the verdict having been rendered in October last. Section 999 of the present code treats the motion made upon a judge’s minutes for a new trial, where no formal case has been prepared, simply as a motion; and it would seem to follow, that on the granting or the denial of such motion, only motion costs can be allowed. The granting of the costs on a motion is in the discretion of the…
2Cases cited1 opinion
- Muller v. HigginsThe Superior Court of New York City · 1872
3Cited by1 opinion
- Hadley v. PethcalNew York Supreme Court · 1890