Sherman v. Wells
New York Supreme Court
Mitchell, Clerke and Davies, Justices. This was an appeal from an order at special term, denying a motion that the plaintiff be directed to receive service of a notice of appeal to the general term of' this court, or that the judgment be vacated on the ground of irregularity, because the same, was entered before the costs were taxed. The facts as they appeared before the special term, were these : The plaintiff noticed his costs for adjustment for the 21st of February.
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Mitchell, Clerke and Davies, Justices. This was an appeal from an order at special term, denying a motion that the plaintiff be directed to receive service of a notice of appeal to the general term of' this court, or that the judgment be vacated on the ground of irregularity, because the same, was entered before the costs were taxed. The facts as they appeared before the special term, were these : The plaintiff noticed his costs for adjustment for the 21st of February. Through some oversight the costs were adjusted on the 20th, and judgment perfected on that day ; and on the same day the…
1Opinion of the Court
By the court—Mitchell, Justice.
This cause was referred to a referee, who found for the plaintiff.
The plaintiff’s attorney then gave notice of taxation of costs for the 17th of February, 1857, which was adjourned to the 21st, but by mistake taxed his costs, and entered judgment on the 20th, and gave notice in writing that he had done so.
Then, (in fhe words of the affidavit on his part,) it was arranged between the attorneys, to go before the clerk on the 21st of February, and have the items of costs previously objected to, submitted to the adjustment of that officer, “ with the distinct…
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