Jackett v. Judd
New York Supreme Court
Motion that clerk re-adjust costs. The action was tried at the August circuit, 1853 j at the April circuit, 1857, and at the August circuit, 1857, when the plaintiff had a verdict. The defendant, upon exceptions, obtained at special term, an order granting a new trial, costs to abide event. Upon appeal to the general term, the order was affirmed with costs to abide the event. The action was again tried at the June circuit, 1859, and the defendant had a verdict.
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Motion that clerk re-adjust costs. The action was tried at the August circuit, 1853 j at the April circuit, 1857, and at the August circuit, 1857, when the plaintiff had a verdict. The defendant, upon exceptions, obtained at special term, an order granting a new trial, costs to abide event. Upon appeal to the general term, the order was affirmed with costs to abide the event. The action was again tried at the June circuit, 1859, and the defendant had a verdict. The items of costs, objected to by the plaintiff and allowed by the clerk, are specified in the opinion.
1Opinion of the Court
Mártir, Justice.
The bill contains for the August circuit, 1856, the items, before notice of trial $10,' for all subsequent proceedings before trial $10, for trial of issue of fact $20. The items are the same for all the subsequent circuits, except the item before notice of trial $10. This is omitted. The plaintiff objected that the items of costs at the August circuit in 1856, could only be allowed at the rate then existing; • also, .that the item for all subsequent proceedings before trial, could only be once allowed The clerk overruled these objections. These items are according to the law…
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