Legal Opinion

McDermott v. Yvelin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 2 opinions

Appeal by the defendant, Cordelia E. Tvelin, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the llth day of January, 1905, denying the defendant’s motion for a. retaxation of costs.

1Opinion of the Court

McLaughlin, J.:

The issues in this action were sent to a referee, who made a report in favor of the plaintiffs, upon which judgment was entered on the 19th of December, 1904, and the costs were taxed, without notice to the defendant, at $891.99, and on the same day a copy of the judgment, with notice of entry, and a copy of the bill of costs were served on the attorneys for the defendant, with notice of retaxation for *419December twenty-first. On the twentieth of December the defendant served an undertaking on appeal from the judgment, and on the twenty-first the retaxation was adjourned until…

2Cases cited1 opinion

  1. Stevens v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1890

3Cited by2 opinions

  1. Carr v. StackhouseNew York Supreme Court · 1922
  2. Empire Produce Co. v. AllenNew York Supreme Court · 1927

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