Lamphere v. Lamphere
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Devere F. Lamphere, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk,of the county of Madison on the lltli day of December, 1899, upon the report of a referee, as awards costs against the plaintiff and in favor of the defendant, with notice of an intention to bring up for review an intermediate order entered in the office of the clerk of the county of Madison on the 10th day of February,…
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Appeal by the plaintiff, Devere F. Lamphere, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk,of the county of Madison on the lltli day of December, 1899, upon the report of a referee, as awards costs against the plaintiff and in favor of the defendant, with notice of an intention to bring up for review an intermediate order entered in the office of the clerk of the county of Madison on the 10th day of February, 1900, denying the plaintiff’s motion for a retaxation of costs. The plaintiff in this action presented a claim of…
1Opinion of the Court
Parker, P. J.:
The question as to the right of the defendant to recover costs against the. plaintiff is, I think, properly presented by the appeal .taken from the judgment entered herein, and we are, therefore,, required to pass upon that subject.
By the amendment in 1893 to section 2718 of the Code of Civil Procedure this proceeding must be deemed an action in the Supreme Court, and the plaintiff stands in the position of one in whose favor a final judgment in an action has been rendered, and the referee had all the powers concerning costs that are given to a referee in section 1022. (Hustis…
2Cases cited3 opinions
- Adams v. OlinNew York Supreme Court · 1894
- Hustis v. . AldridgeNew York Court of Appeals · 1895
- Fisher v. BennettNew York Supreme Court · 1897
3Cited by1 opinion
- Osborne v. ParkerAppellate Division of the Supreme Court of the State of New York · 1901