Spencer v. President of the Canal Bank
New York Supreme Court
Motion by Richard S. Corning to set aside a precept. • In February, 1844, *a motion was made, entitled in this cause on the part of Richard S. Corning, at the February special term, 1844, for an order requiring the plaintiff or her attorneys to pay over certain moneys, &c., which motion was denied with costs to be taxed.
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Motion by Richard S. Corning to set aside a precept. • In February, 1844, *a motion was made, entitled in this cause on the part of Richard S. Corning, at the February special term, 1844, for an order requiring the plaintiff or her attorneys to pay over certain moneys, &c., which motion was denied with costs to be taxed. Copies of the papers for that motion were served on the plaintiff, and on Cagger and Stevens, her attorneys; separate and distinct papers were made and used in opposition to the motion. Separate bills of .costs were made out, copies served with notice of taxation, both bills…
1Opinion of the Court
On the part of the plaintiff, it was insisted that the plaintiff * was entitled to two bills of costs for opposing the motion; also that this motion was too late.
Jewett, Justice.
Under the rule of the 9th of February, 1844, only one bill of costs was ordered for opposing. The taxation of the second bill was a nullity, and Corning, in whose behalf the motion was made, was liable to pay costs, and having paid the bill as taxed, lost nothing by waiting until proceedings were taken to enforce payment of the second bill. (Graham’s Practice, 2 ed. 705.)
Motion granted with $10 costs, upon condition…
2Cited by1 opinion
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