Wilber v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David F. Wilber^ from an order of the Supreme Court, made at the Erie Special Term and entered in the; office of the clerk of the county ' of Erie on the 27th day of' November, 1895, granting the defendants an additional, allowance: of .$1,000. The order appealed from was granted on the affidavit of O. M. Busbnell; the answer of the defendants'; the examination of the defendants before a referee; 'the affidavits used upon the'motion' to change the…
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Appeal by the plaintiff, David F. Wilber^ from an order of the Supreme Court, made at the Erie Special Term and entered in the; office of the clerk of the county ' of Erie on the 27th day of' November, 1895, granting the defendants an additional, allowance: of .$1,000. The order appealed from was granted on the affidavit of O. M. Busbnell; the answer of the defendants'; the examination of the defendants before a referee; 'the affidavits used upon the'motion' to change the pláce of trial from Otsego to Erie county, and upon the proceedings of record in this case.” The motion was' opposed upon…
1Opinion of the Court
Hardih, P. J.:
Section 3253 of the Code authorizes an additional allowance “ in a difficult and extraordinary case where a defense has been interposed in any action.” And subdivision 2 of that section authorizes the allowance to be a “ sum not exceeding five per centum upon the sum recovered or claimed.” It seems that several ineffectual efforts were made to bring the action to trial at Special *446■Term, and it was set down for trial at a future day by a judge who -did not appear on the adjourned day, when.it.was finally brought to a hearing. At the hearing, several motions were, made of a.…
2Cases cited4 opinions
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Safety Steam-Generator Co. v. Dickson Manufacturing Co.New York Supreme Court · 1891
- Wiley v. Long Island RailroadNew York Supreme Court · 1895
3Cited by1 opinion
- Proctor v. SoulierAppellate Division of the Supreme Court of the State of New York · 1896