Doelger v. O'Rourke
City of New York Municipal Court
Appeal from clerk’s taxation of costs. The defendant in this action set up a counterclaim for damages for breach of contract, to which plaintiffs demurred. The demurrer was brought to trial at the special term, and, after argument, was sustained, with' costs in favor of the plaintiffs and against the defendant, to be taxed by the clerk of the court. The defendant appeared upon the taxation, and objected to the taxation of any costs .at all, as well as to the costs as taxed.
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Appeal from clerk’s taxation of costs. The defendant in this action set up a counterclaim for damages for breach of contract, to which plaintiffs demurred. The demurrer was brought to trial at the special term, and, after argument, was sustained, with' costs in favor of the plaintiffs and against the defendant, to be taxed by the clerk of the court. The defendant appeared upon the taxation, and objected to the taxation of any costs .at all, as well as to the costs as taxed. The clerk taxed $15 for proceedings before notice of argument, $15 for proceedings after notice of argument, and $20 for…
1Opinion of the CourtHyatt, J.
This matter is presented to the court upon an appeal by the defendant from the whole taxation of costs herein by the clerk of the court, upon the ground that pending the disposal of the issue of facts no judgment can be entered and no costs can be taxed ; also from the taxation as made by the clerk.
It appears that an issue of law was raised by the plaintiff’s demurrer to that part of defendant’s answer alleging a counterclaim against the plaintiffs. Upon the trial thereof, at special term, the demurrer to the counterclaim was sustained, with costs in favor of the plaintiffs and against the…
2Cases cited1 opinion
- Adams v. WardNew York Supreme Court · 1881