Willink v. Recele
New York Supreme Court
Re taxation of costs. On a motion for judgment as in case of nonsuit, the plaintiffs obtained leave to stipulate, on payment of costs, for not trying the causes pursuant to notice, and costs of motion. Two of the suits were defended by a firm composed of two attorneys, and the third by another attorney.
Read the full summary
Re taxation of costs. On a motion for judgment as in case of nonsuit, the plaintiffs obtained leave to stipulate, on payment of costs, for not trying the causes pursuant to notice, and costs of motion. Two of the suits were defended by a firm composed of two attorneys, and the third by another attorney. The taxing officer allowed full sets of papers in each cause on the motion for judgment as in case of nonsuit, because the order of the court did not restrict the taxation to one set. He also allowed an affidavit of attendance of witnesses in each cause, although but one affidavit was made. So…
1Opinion of the Court
By the Court,
Cowen, J.
The attorneys on record not being the same on both sides in the last as in the two first causes, several sets of papers throughout were proper if not necessary ; one in the name of Messrs. Hawley & Sill, and the other in that of Mr. Hudson. Although by arrangement the firm of Barker, Hawley & Sill conducted all three of the motions in their own office, where the writing was done, they were bound to give notices in the names of the attorneys on record, who are also better qualified to speak by affidavit to various matters in their own causes. The material facts were also…
2Cases cited3 opinions
- De Benneville v. De BennevilleSupreme Court of Pennsylvania · 1803
- De Benneville v. De BennevilleSupreme Court of Pennsylvania · 1803
- Jackson, ex dem. Finch v. HoaglandNew York Supreme Court · 1828
3Cited by8 opinions
- Smith v. NelsonUtah Supreme Court · 1901
- Parker v. City of New YorkNew York Supreme Court · 1924
- Vence v. SpeirThe Superior Court of New York City · 1859
- Edwards v. BondU.S. Circuit Court for the District of Illinois · 1851
- Toll v. ThomasNew York Supreme Court · 1857
3 more not listed; retrieve them via the Exa API.