Beck v. Kerr
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Ulster County. Motion under Code Civ. Proc. § 3247, for an order directing the board of education of the city of Kingston to pay a judgment for costs in favor of George A. Kerr, rendered in an action against him by Henry Beck and others, as trustees of School District No. 3 of the city of Kingston. From an order denying the motion, George A. Kerr appeals. Reversed.
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Appeal from Special Term, Ulster County. Motion under Code Civ. Proc. § 3247, for an order directing the board of education of the city of Kingston to pay a judgment for costs in favor of George A. Kerr, rendered in an action against him by Henry Beck and others, as trustees of School District No. 3 of the city of Kingston. From an order denying the motion, George A. Kerr appeals. Reversed. The facts appearing upon this motion are substantially as follows: The three trustees of School District No. 3 in the city of Kingston brought a suit against the defendant, Kerr, to recover a school tax,…
1Opinion of the CourtParker, P. J.
The judgment upon which this motion is based is, we think, authorized by the order of this court made on May 6, 1902. If we had reversed the judgments, “with costs in the courts below and of this appeal,” and had not ordered a new trial, then such costs *1059would have been taxed by the cleric oí Ulster county, and a judgment entered by him therefor. In that event they would have been incorporated in our judgment of reversal, and the order of this court would have been the county clerk’s authority for so doing. In this case we reversed the judgments in the court below, but made the costs dependent…
2Cases cited3 opinions
- Hegewisch v. . SilverNew York Court of Appeals · 1893
- People Ex Rel. Wallace v. . AbbottNew York Court of Appeals · 1887
- Tucker v. GilmanNew York Supreme Court · 1890