Coffin v. Coke
New York Supreme Court
Appeal from an order made at the Special Term granting an extra allowance to the defendants. In this action the summons and complaint had. been served on some of the defendants; demurrers had been put in by the same, attorneys for all; a motion had been made for a preliminary injunction and denied, and on appeal to the General Term the order denying the injunction had been affirmed.
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Appeal from an order made at the Special Term granting an extra allowance to the defendants. In this action the summons and complaint had. been served on some of the defendants; demurrers had been put in by the same, attorneys for all; a motion had been made for a preliminary injunction and denied, and on appeal to the General Term the order denying the injunction had been affirmed. The plaintiff thereupon offered to give to the defendants a consent of discontinuance, and to pay them their taxable costs and disbursements. Whereupon the defendants made this motion, and an extra allowance…
1Opinion of the Court
Davis, P. J.:
The only question on this appeal is whether an additional allowance may be granted by the court where the plaintiff discontinues the action on payment of costs.
It is not doubted that this case was difficult and extraordinary • within the meaning of the Code. A defense had been interposed.. The merits were involved in the motion for injunction which came before this court on appeal, and was fully discussed by the respective counsel and considered by the court. After a decision adversely to the plaintiff, he served notice of discontinuance on payment of costs. This entitled the…
2Cases cited2 opinions
- Coates v. GoddardThe Superior Court of New York City · 1871
- Woods v. Illinois Central RailroadNew York Supreme Court · 1861