Fulton v. Krull
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred H. Krull, 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 Miagara on the 29th day of December, 1911, modifying a judgment entered upon the report of a referee.
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Appeal by the defendant, Fred H. Krull, 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 Miagara on the 29th day of December, 1911, modifying a judgment entered upon the report of a referee. The action was commenced in pursuance of sections 1638-1650, inclusive, of the Code of Civil Procedure, for the purpose of determining the plaintiff’s claim to certain lots and parts of lots in the city of Miagara Falls. The defendant answered, asserting title in himself founded on a tax deed, and asked for judgment establishing the…
1Opinion of the Court
Spring, J.:
The controversy arises over the meaning of the Court of Appeals as expressed in its remittitur in modifying the judgment without costs. The rule seems to be well established that where the Court of Appeals in its discretion, as in this case (Code Civ. Proc. § 3238, subd. 2), awards or disallows costs, its determination of the subject applies to that court only. (Matter of Protestant Episcopal Pub. School, 86 N. Y. 396; Sturgis v. Spofford, 58 id. 103; Matter of Water Comrs. of Amsterdam, 104 id. 677; Stevens v. Central Nat. Bank, 168 id. 560; Milliman on Law of Costs, § 390.)
The…
2Cases cited6 opinions
- Barnard v. . GantzNew York Court of Appeals · 1893
- Hogan v. . KavanaughNew York Court of Appeals · 1893
- In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
- McGregor v. James BuellNew York Court of Appeals · 1864
- Barnard v. . HallNew York Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Eikenberry v. Adirondack Spring Water Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Michalowski v. EyAppellate Division of the Supreme Court of the State of New York · 1959
- Thorndike & Hix Lobster Co. v. HallNew York Supreme Court · 1928
- Dooley v. AntonNew York Supreme Court · 1960
- Green v. Supreme Council of Royal ArcanumNew York Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.