Marvin v. . Marvin
New York Court of Appeals
Appeal from order of General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term which denied an application of defendant Le Grand Marvin for costs in proceedings under the statute (2 E. S., 619, § 44) to compel George L. Marvin to pay the costs in this action. The costs were refused on the sole ground that the court had no power to grant them; it recognizing the justice of the applicant’s claim therefor.
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Appeal from order of General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term which denied an application of defendant Le Grand Marvin for costs in proceedings under the statute (2 E. S., 619, § 44) to compel George L. Marvin to pay the costs in this action. The costs were refused on the sole ground that the court had no power to grant them; it recognizing the justice of the applicant’s claim therefor. The respondent should pay the expense of the special proceedings. (2 E. S., 619, § 44; Laws 1854, chap. 270, § 3.) The order of General Term…
1Opinion of the CourtEapallo, J.
It is claimed that the question arising on this appeal was decided by this court in Giles v. Halbert (12 N. Y., 34). The point - decided in that case was that a final order made in an application under 2 Revised Statutes, 619, § 44, was appealable to this court under section eleven of the Code, subdivision three. Subdivision three as it read at the date of the decision referred to (1854) authorized an appeal to review a determination in a final order affecting a substantial right made in a special proceeding, or upon a summary application in an action, after judgment. It was not material,…
2Cases cited1 opinion
- Belknap v. . WatersNew York Court of Appeals · 1854
3Cited by7 opinions
- Bailey v. BaileyAppellate Division of the Supreme Court of the State of New York · 1943
- Friedman v. Metropolitan Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Bailey v. Bush Terminal Co.New York Supreme Court · 1942
- People ex rel. Guibord v. KelloggAppellate Division of the Supreme Court of the State of New York · 1897
- Chambers v. BaconAppellate Division of the Supreme Court of the State of New York · 1912
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