Wolfe v. . Van Nostrand
New York Court of Appeals
Wol'fe and others brought ejectment in the, superior court of the city of New-York, where judgment passed for the defendant. The plaintiff then brought a writ of error to this court, after July 1, 1848, and in September last the judgment was affirmed. now moved for an additional allowance, pursuant to the 308th section of the code. He said a writ of error was a new suit; and there has been a trial in this court within the definition of a trial as given by the code.
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Wol'fe and others brought ejectment in the, superior court of the city of New-York, where judgment passed for the defendant. The plaintiff then brought a writ of error to this court, after July 1, 1848, and in September last the judgment was affirmed. now moved for an additional allowance, pursuant to the 308th section of the code. He said a writ of error was a new suit; and there has been a trial in this court within the definition of a trial as given by the code. He cited sections 8, 252, and 308, 309.
1Opinion of the Court
Bronson, Ch. J.
We think an additional allowance, beyond the costs given by the 307th section of the code, can only be made by the court of original jurisdiction and in reference to the trial in that court.
Motion denied.
2Cited by9 opinions
- People v. Fitchburg RailroadNew York Court of Appeals · 1892
- Hascall v. KingAppellate Division of the Supreme Court of the State of New York · 1900
- Dupuy v. WurtsNew York Supreme Court · 1874
- Dupuy v. WurtzNew York Supreme Court · 1877
- Hascall v. KingAppellate Division of the Supreme Court of the State of New York · 1900
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