Barney v. Keith
New York Supreme Court
Motion to vacate a judge5s certificate that title to land came in question, under which the plaintiff had taxed costs, and that the defendant be allowed to tax costs against the plaintiff The action was covenant; the defendant had demised certain premises to the plaintiffs to which he had no title, and the plaintiffs were not able to obtain possession.
Read the full summary
Motion to vacate a judge5s certificate that title to land came in question, under which the plaintiff had taxed costs, and that the defendant be allowed to tax costs against the plaintiff The action was covenant; the defendant had demised certain premises to the plaintiffs to which he had no title, and the plaintiffs were not able to obtain possession. They sued him on the covenant of title, alleging, as a breach of covenant, that the defendant had no title, and that one Beverly had title to, and was in possession of the premises, and hindered them from entering and possessing. The…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is objected that this court cannot control or vacate the certificate of the judge. It has been decided that when the certificate comes before the court, or the taxing officer, on a question as to the taxation of costs, the certificate is conclusive. In such case, to shew that the certificate is erroneous, would be to attack it collaterally, which-is inadmissible; but I believe the court has never decided that it possessed no power to enquire, in a proper manner, whether the judge had not erred in granting *557the certificate. The cases cited by the defendant’s…
2Cases cited1 opinion
- Mumford v. WitheyNew York Supreme Court · 1828
3Cited by7 opinions
- Oakley v. AspinwallNew York Court of Appeals · 1851
- Kreuger v. ZirbelWisconsin Supreme Court · 1853
- Hathaway v. JenksNew York Supreme Court · 1893
- Cooley v. CummingsThe Superior Court of the City of New York and Buffalo · 1889
- Cooley v. CummingsThe Superior Court of New York City · 1889
2 more not listed; retrieve them via the Exa API.