In re Root
New York Court of Chancery
This was an application by the solicitor for the overseers of the poor, upon whose application a commission in the case of an habitual drunkard had been issued, for the payment of ihe costs of the proceedings, which had been taxed at a sum exceeding the amount of §50, specified in the 162d rule of the court.
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This was an application by the solicitor for the overseers of the poor, upon whose application a commission in the case of an habitual drunkard had been issued, for the payment of ihe costs of the proceedings, which had been taxed at a sum exceeding the amount of §50, specified in the 162d rule of the court. In addition to the costs as taxed, the solicitor claimed an allowance of ten dollars, as a counsel fee upon the execution of the commission and the expense of a horse and wagon to take him to the place where the commission was to be executed.
1Opinion of the Court
The Chancellor.
Upon an application to the court for an order that the committee of a lunatic or a drunkard pay a sum exceeding the amount limited by the rule for the expense of obtaining the commission and of the other proceedings to obtain the appointment of a committee, there should be an affidavit showing the necessity of an increased allowance, if there is any thing special in the case. For in ordinary cases the legal taxable costs of such a proceeding will not exceed the $50, which by the rule the committee is authorized to pay without a special order.
Costs and expenses, in the rule, was…
2Cited by2 opinions
- Mason v. . LordNew York Court of Appeals · 1869
- Otis v. FormanNew York Court of Chancery · 1845