People ex rel. Keene v. Board of Sup'rs
New York Supreme Court
Application by Roswell W. Keene for a writ of mandamus to the board of supervisors of Queens county and others. From an order allowing relator to tax costs of trial at special term, and costs and disbursements of appeal to the general term, and from a judgment sustaining a demurrer to the petition (24 N. Y. Supp. 503), the board of supervisors appeals.
1Opinion of the CourtCullen, J.
These are three separate appeals from as many orders of the special term. It is unnecessary to state their character *570further than to say, they go to a single point,—the right of the relator to the costs of this court at special and general terms. An alternative writ of mandamus was issued to the appellants, to which they demurred. The demurrer was sustained at special term and at general term, with costs to the defendants in each instance. The court of appeals reversed the judgments of the general and special terms, “with leave to the defendants to answer on payment of costs.” 36 N. E. 1062.…
2Cases cited1 opinion
- Barnard v. . HallNew York Court of Appeals · 1894
3Cited by1 opinion
- Pedersen v. J. F. Fitzgerald Construction Co.Appellate Division of the Supreme Court of the State of New York · 1943