Rosa v. Jenkins
New York Supreme Court
Appeal by certain of the defendants, who were impleaded with numerous others, from a judgment entered in Jefferson county, in this action brought to foreclose a mortgage upon real estate.
Read the full summary
Appeal by certain of the defendants, who were impleaded with numerous others, from a judgment entered in Jefferson county, in this action brought to foreclose a mortgage upon real estate. The findings made after a trial at the Special Term stated that there was due upon the mortgage the sum of $2,478.58, and that the plaintiff was entitled to “ judgment of foreclosure and sale, and that an extra allowance of costs of five per cent” be made to him; it also directed that the complaint as to Fanny M. Clark and others, administrators of John B. Clark, be “and the same is hereby dismissed with…
1Opinion of the CourtHardin, J.
According to our decision in Woodford v. Budklin (14 Hun, 444), the discretion exercised in an equity action as to costs cannot be reviewed upon a motion, and must be challenged by an exception to the findings and an appeal from the judgment. Therefore the appellants are entitled to review the exercise of discretion in respect to the extra allowance of costs, and the award of costs of twenty-five dollars to defendant Clark and others, as administrators of John B. Clark. First. As to the award of costs to the defendant Clark, of twenty-five dollars, the finding is silent as to how these costs…
2Cases cited1 opinion
- Hunt v. . ChapmanNew York Court of Appeals · 1875