Hovey v. Hovey
New York Court of Chancery
This was an appeal from the decision of the vice chancellor of the fourth circuit, upon an application to him to review the taxation of one of the taxing masters. The bill was filed to foreclose a mortgage. The complainant resided in the state of Vermont; and it became necessary to make several heirs at law of the mortgagor residing in this state, but whose places of residence were unknown to the solicitor, parties to the suit.
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This was an appeal from the decision of the vice chancellor of the fourth circuit, upon an application to him to review the taxation of one of the taxing masters. The bill was filed to foreclose a mortgage. The complainant resided in the state of Vermont; and it became necessary to make several heirs at law of the mortgagor residing in this state, but whose places of residence were unknown to the solicitor, parties to the suit. The solicitor therefore employed an agent, who lived in the part of the state where those defendants were supposed to reside, to ascertain their residences, and to…
1Opinion of the Court
The Chancellor.
This court has already decided that no extra allowance, as a necessary disbursement, can be made' to the solicitor, or to any other officer of this court, upon taxation, for any service performed by such officer or any other person, where a specific allowance is made in the fee bill for such service. (2 Paiges Rep. 354, 471.) The solicitor in this case does not, therefore, claim an extra allowance for the expense of serving the subpoena on the defendants; but he supposes he is entitled to an allowance for the necessary expenses and services of his agent, in travelling several…
2Cited by8 opinions
- Equitable Life Assurance Society of the United States v. HughesNew York Court of Appeals · 1890
- City of Ottawa v. GillilandSupreme Court of Kansas · 1901
- Griffeth v. GriffethIllinois Supreme Court · 1896
- Wendel v. WendelAppellate Division of the Supreme Court of the State of New York · 1898
- Anonymous v. AnonymousNew York Supreme Court · 1910
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