Hebard v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of March, 1910.
1Opinion of the Court
Scott, J.:
This is an appeal from an order granting a retaxation of costs. The action was referred, by consent, to a referee, who died after holding a number of sessions, but who had not at the time of his death completed the reference or made a, report. Thereafter defendant moved for leave to amend its answer and was permitted to do so, upon payment of taxable costs. The plaintiff attempted to tax as part- of the costs a fee for the deceased referee, which the clerk refused to tax. It appeared that, no fee had actually been paid to the referee or his estate, and that no specific demand for…
2Cases cited3 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Little v. . LynchNew York Court of Appeals · 1885
- Russell v. LythAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by11 opinions
- Ament v. Schubert Piano Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Eldridge v. WolfeNew York Supreme Court · 1927
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Robinson v. BallAppellate Division of the Supreme Court of the State of New York · 1919
- Voron v. ChaitNew York Supreme Court · 1917
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