New York Breweries Co. v. Nichols
New York Supreme Court
Appeal from special term, New York county. Action by the New York Breweries Company, Limited, and Daniel B. Sickles, as sheriff of the city and county of New York, against Edward P. Nichols, William H. Douglas, Thomas M. Freeman, Benjamin F. Pendleton, Benjamin F. Carver, and Wilford Y. Nichols,, to recover $5,000 for preventing the sheriff from taking posssesion of goods levied on. Plaintiff company moved for leave to discontinue the action, without costs.
Read the full summary
Appeal from special term, New York county. Action by the New York Breweries Company, Limited, and Daniel B. Sickles, as sheriff of the city and county of New York, against Edward P. Nichols, William H. Douglas, Thomas M. Freeman, Benjamin F. Pendleton, Benjamin F. Carver, and Wilford Y. Nichols,, to recover $5,000 for preventing the sheriff from taking posssesion of goods levied on. Plaintiff company moved for leave to discontinue the action, without costs. The court granted the motion to discontinue, but imposed the conditions that “plaintiff pay, within ten days after the taxation of costs…
1Per curiam
An extra allowance to parties defendant cannot exceed 5 per cent, on amount involved. H such defendants - appear by separate attorneys, an extra allowance equal to 5 per cent, may be apportioned between them, but cannot be allowed to each. Lane v. Van Orden, 63 How. Pr. 237. On this motion for leave to discontinue, the court determined that there should be-allowed to each party appearing an extra allowance of 5 per cent.. *426This was error, and the order should be so modified as to provide for an extra allowance of $125 to each' defendant or set of ■defendants separately appearing, without costs.
2Cases cited1 opinion
- Lane v. Van OrdenNew York Supreme Court · 1882