Van Rensselaer v. Kidd
New York Supreme Court
This was a motion by defendant Kidd for a readjustment of the costs in this cause, and for an extra allowance. Kidd was prosecuted as Treasurer of Albany County, and having succeeded in the suit at the circuit and on appeal at the general term, claimed double costs under the statute, which had been disallowed by the clerk on adjustment.
1Opinion of the Court
Parker, Justice.
I think the statute giving double costs is repealed by the Code. My reasons are stated in Hallenbeck vs. Miller (4 How. Pr. R. 239).
*243Nor can I award any extra allowance. That can only be done by the court before which the trial was had or the judgment rendered (Rule 86). So too, the value upon which the per centage must be computed can only be ascertained by the court or jury before whom the action was tried (Code, § 309).
If this was a proper case for an extra allowance, it could only have been granted at the circuit. The provision in regard to extra allowance is not applicable…
2Cited by1 opinion
- Winne v. FanningNew York Supreme Court · 1897