Legal Opinion

Wolff v. Horn

New York Court of Common Pleas

Decided June 4, 1894Published

Appeal from special term. Action by Arrowitz Wolff and others against Edward C. Horn and others. From an order retaxing plaintiff’s bill of costs, and disallowing certain sums paid the referee and stenographer, plaintiffs appeal.

1Opinion of the CourtBookstaver, J.

While the bill, as taxed by the clerk, appears to be very large considering the amount involved, yet we think, on the papers presented to him and printed in the appeal book, he was correct in taxing the amount he did. It was in strict accordance with the stipulation made between the parties to the action by their counsel, which was as follows:

“It is stipulated by the respective parties that the fees of the stenographer shall be taxed as a disbursement in favor of the successful party; also, that the fees of the referee shall be ten dollars for a hearing of two hours, fifteen dollars in excess…

2Cases cited2 opinions

  1. Mark v. . City of BuffaloNew York Court of Appeals · 1881
  2. Thurman v. Fiske.New York Supreme Court · 1866

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