Clarke v. . City of Rochester
New York Court of Appeals
Appeal from an order of the Supreme Court denying a motion for an extra allowance of costs. The action was commenced in 1854. It was tried at the circuit, and judgment went in favor of the plaintiff. On appeal, the General Term reversed the judgment, and ordered a' new trial. It was tried a second time, at the Monroe Circuit, in October, 1857, and judgment was ordered for the defendant.
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Appeal from an order of the Supreme Court denying a motion for an extra allowance of costs. The action was commenced in 1854. It was tried at the circuit, and judgment went in favor of the plaintiff. On appeal, the General Term reversed the judgment, and ordered a' new trial. It was tried a second time, at the Monroe Circuit, in October, 1857, and judgment was ordered for the defendant. From this judgment the plaintiff appealed to the General Term, and then to this court, in both of which courts the judgment was affirmed. The decision of this court was made at the March Term, 1864. The…
1Opinion of the CourtWright, J.
This is an appeal from an order denying a motion for a further or additional allowance of costs. The defendant had judgment at the circuit, in October, 1857, and the plaintiff appealed therefrom to the General Term, and to this court, in both of which courts the judgment was affirmed. Our decision was given in March, 1864, and in May following, the remittitur was filed in the Supreme Court, and an ex parte order entered, making our judgment the judgment of that court. In June, 1864, the defendant moved, at Special Term, for a further allowance of costs, which motion was denied, and on appeal…
2Cases cited1 opinion
- Jones v. . DerbyNew York Court of Appeals · 1857
3Cited by5 opinions
- De Lavallette v. . WendtNew York Court of Appeals · 1879
- McClure v. Supervisors of NiagaraNew York Court of Appeals · 1867
- Winne v. FanningNew York Supreme Court · 1897
- Lossee v. EllisNew York Supreme Court · 1878
- McClure v. Supervisors of Niagara CountyNew York Court of Appeals · 1867