Sharff v. Tosti

The complainants' decree in this foreclosure suit was taken to the court of errors and appeals by subordinate lien holders. It was affirmed, 108 N.J. Eq. 270. After the cause was remitted, this court allowed a counsel fee of $500 for defending the appeal. The court of errors and appeals reversed the order because, on the motion in this court for the counsel fee, it did not appear that through "mere inadvertence" application for counsel fee was not, in the first instance, made to the court of errors and appeals and it was held that, therefore, this court had not jurisdiction or power to make…