Diehl v. Dreyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter R. Dreyer, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 17th day of February, 1905, as directs the clerk to retax the costs awarded to the defendant so as to disallow certain items therein.
1Opinion of the Court
Laughlin, J.:
Upon a former appeal (84 App. Div. 247) an order referring the issues herein was reversed by this court, with ten dollars costs and disbursements and ten dollars costs of the motion, with this pi’oviso, “ the said costs to abide the award of costs by the final judgment.” The issues were then brought to trial before the Special Term. A motion made upon the trial by the plaintiff to amend the complaint was denied, but leave was granted to apply to the appropriate part of the Special Term for such relief. The application was made pursuant thereto and an amendment was asked…
2Cases cited2 opinions
- Bowen v. SweeneyNew York Supreme Court · 1892
- Diehl v. DreyerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Davis v. Colonial Sand & Stone Co. of N. J., Inc.Appellate Division of the Supreme Court of the State of New York · 1967