Kellogg & Sandford v. Potter
New York Supreme Court
Taxation of costs. In 1829, the plaintiffs attorneys of this court, upon the retainer of the defendant, commenced a joint action of ejectment against eleven individuals, in favor of the defendant. In June, 1830, the defendants applied to the court for leave to enter into separate consent rules and to plead separately, which application was opposed by the plaintiff, but granted by the court ; and the defendants availed themselves of the permission granted.
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Taxation of costs. In 1829, the plaintiffs attorneys of this court, upon the retainer of the defendant, commenced a joint action of ejectment against eleven individuals, in favor of the defendant. In June, 1830, the defendants applied to the court for leave to enter into separate consent rules and to plead separately, which application was opposed by the plaintiff, but granted by the court ; and the defendants availed themselves of the permission granted. In September, 1832, the parties in the ejectment suits settled ; each to pay his own costs. Kellogg and Sandford, the attorneys for Potter,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It was objected that the old bills should have been submitted for relaxation: that the stipulation did contemplate new bills with new items. The judge decided that he would tax the bills presented. In this, I think, he erred. The object of the parties was to settle the amount due at the time of the commencement of the suit, and that could not be more than the taxed bills contained. The investigation contemplated was an investigation of the charges already made; not the taxation of new bills. A simple notice of the time and place of relaxation of the bills already…
2Cases cited1 opinion
- Jerome v. BoeramNew York Supreme Court · 1828