Wandell v. Hirschfeld

The infant’s general answer so far placed the averments of the complaint at issue as to call for proof in support of the cause of action. The inquiry which resulted was a trial, for the purpose of the provisions of the Code relative to the allowance of costs. Roosevelt v. Schermerhorn, 32 Misc. Rep. 287. And this trial, originating in the joinder of issue, was not to become less of a trial, or no trial, because of the absence of cross-examination in the infant’s behalf. A trial fee follows an inquest and does not depend upon the presence of an active controversy when the evidence in support…