People v. Fitchburg Railroad
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme Court in the third judicial department, made February 12, 1892, which denied a motion for an additional allowance. The facts, so far as material, are stated in the.opinion. The ■practice in cases of this character is regulated by the Code. (Code Civ. Pro. §§ 1279, 1280, 1281.) The stipulation between the parties did not contemplate an additional allowance.
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Appeal from order of tlie General Term of the Supreme Court in the third judicial department, made February 12, 1892, which denied a motion for an additional allowance. The facts, so far as material, are stated in the.opinion. The ■practice in cases of this character is regulated by the Code. (Code Civ. Pro. §§ 1279, 1280, 1281.) The stipulation between the parties did not contemplate an additional allowance. (R. & S. R. R. Co. v. Davis, 55 N. Y. 147; In re Holden, 126 id. 589 ; Code Civ. Pro. §§ 3240, 3253; Savage v. Allen, 2 T. & C. 474; Wolfe v. Van Nostrand, 2 N. Y. 570.) The parties…
1Opinion of the CourtO’Brien, J.
The question involved in this appeal is the right of the defendant to' an additional allowance of costs, under the provisions of section 3253 of the Code of Civil Procedure. It is claimed that the case was a difficult and extra ordinary one, within the meaning of that section. The state claimed that the defendant was bound to pay to the comptroller over $18,000 in taxes, under the provisions of chapter 143 of the Laws, of 3886, in consequence of its consolidation with other railroad companies organized under the laws of other states. The defendant denied its liability. A written submission of…
2Cases cited1 opinion
- Wolfe v. . Van NostrandNew York Court of Appeals · 1850
3Cited by3 opinions
- Real Estate Corporation v. . HarperNew York Court of Appeals · 1903
- Campbell v. . EmslieNew York Court of Appeals · 1907
- Hackett v. Equitable Life Assurance SocietyNew York Supreme Court · 1900