People ex rel. Donovan v. Fire Commissioners
New York Supreme Court
Appeal from taxation of costs on a judgment in favor of the relator under a common law certiorari. This was a common law writ of certiorari, requiring the Board of Eire Commissioners of the city of New York to return all the proceedings concerning the dismissal, discharge, and removal from office of James Donovan, the relator above named.
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Appeal from taxation of costs on a judgment in favor of the relator under a common law certiorari. This was a common law writ of certiorari, requiring the Board of Eire Commissioners of the city of New York to return all the proceedings concerning the dismissal, discharge, and removal from office of James Donovan, the relator above named. The matter was argued before Mr. Justice Doetohde, and a decision rendered July 2,1878, reversing said proceedings, with costs and disbursements. Upon the taxation of costs, the relator sought to tax costs as of an issue of law, but the clerk only allowed…
1Opinion of the CourtDaniels, J.
Whether costs shall not be allowed in special proceedings has been rendered subject to the discretion of the tribunal hearing and deciding the case. And that is the entire extent of the discretion allowed to be exercised upon this subject, for wherever costs are allowed, then they must be at the rate allowed for similar services in civil actions (Laws of 1854, c. 270). The act assumes that there wall be found sufficient similarity between the proceedings and the different steps ordinarily taken in civil actions to render *146the provisions made as to costs in the latter cases intelligently…
2Cited by1 opinion
- In re the Assignment of Risley & BurrisNew York Court of Common Pleas · 1880