Taaks v. Schmidt
New York Supreme Court
Appeal by plaintiff from taxation of the two defendants’ respective bills of costs, who each appeared by different attorneys, on a reference to ascertain damages.
1Opinion of the Court
Barnard, Justice.
The only authority for allowing double costs is to be found in the provisions of the Bevised Statutes, which have been held in this respect not to have been repealed by the Code. Those provisions, however, do not in my view apply to actions in equity.
Double costs cannot be allowed in this case. A trial fee on a reference to take an account or to ascertain damages cannot be taxed. Witnesses’ fees and mileage for parties can be charged on an affidavit made by them that they attended as witnesses, and would not have attended except for the purpose of being witnesses. I think the…
2Cited by7 opinions
- Parker v. City of New YorkNew York Supreme Court · 1924
- Kraushaar v. BerryAppellate Division of the Supreme Court of the State of New York · 1929
- Steere v. MillerNew York Supreme Court · 1865
- Inderlied v. WhaleyNew York Supreme Court · 1889
- Merriman v. BowenSupreme Court of Minnesota · 1886
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