City of Johnstown v. Frederick
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Oity of Johnstown, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of “Fulton on the 8th day of June, 1898, denying the plaintiff’s motion for a retaxation of costs.
1Opinion of the Court
Putnam, J.:
The order confirming the report of the commissioners to ascertain the compensation to be made, to the defendants in this proceeding provided that they recover of the plaintiff costs to be taxed, pursuant to the provisions of section 3372 of the Code of Civil Procedure, as if the compensation awarded had exceeded the amount of the offer, with interest, and an additional allowance of costs not exceeding two per cent upon the amount awarded.
The question arises, what costs the defendants were entitled to under the provisions of the section of the Code of Civil Procedure referred to.
Upon…
2Cases cited1 opinion
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
3Cited by5 opinions
- Brainerd v. StateNew York Court of Claims · 1911
- In Re the Brooklyn Union Elevated RailroadNew York Court of Appeals · 1903
- Brooklyn Union Elevated R. v. CaseAppellate Division of the Supreme Court of the State of New York · 1903
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900