Glentworth v. Mount
The Superior Court of New York City
Appeal from an order allowing costs. , This cause having been on the calendar of the Court of Appeals for more than five terms, the clerk of the Superior Court, upon taxing the costs after the remittitur was sent down, allowed the successful party only five term-fees, from which decision an appeal was taken to the court, which, at special term, held that a fee was taxable for every term, and directed the costs to be adjusted accordingly.
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Appeal from an order allowing costs. , This cause having been on the calendar of the Court of Appeals for more than five terms, the clerk of the Superior Court, upon taxing the costs after the remittitur was sent down, allowed the successful party only five term-fees, from which decision an appeal was taken to the court, which, at special term, held that a fee was taxable for every term, and directed the costs to be adjusted accordingly. An appeal was now taken to the court at general term.
1Opinion of the Court
Br the Court.*'—Bosworth, Ch. J.
The words originally employed in the Code to describe the fact, which, as the general rule, entitles the prevailing party to a term-fee of $10, still form a part of the Code, and remain unchanged. Those words are: “ every circuit or term” “ at which the cause is necessarily on the calendar.” (Laws of 1848, 545, ch. 379, § 262, subd. 6 ; Laws of 1849, 677, ch. 438, § 307, subd. 6; Laws of 1851, 104, App., § 307, subd. 8; Laws of 1852, 660, ch. 392, § 307, subd. 8; 2 Laws of 1857, 557, ch. 723, § 307, subd. 7; Laws of 1858, 493, ch. 306, § 307, subd. 7; Laws of…
2Cases cited3 opinions
- Kanouse v. MartinThe Superior Court of New York City · 1850
- Slade v. . WarrenNew York Court of Appeals · 1848
- Webb v. NortonNew York Supreme Court · 1854