Lockwood v. Salmon River Paper Co.
New York Supreme Court
Appeal from special term, Franklin county. Action by Sarah E. Lockwood against the Salmon River Paper Company, Frederick D. Kilburn, as trustee for certain creditors of the Clark-Heergaard Company, and others. From an order denying plaintiff’s motion for a re-taxation of costs, plaintiff appeals. Reversed.
1Opinion of the CourtPutnam, J.
The affidavits show that this case was upon the calendar of the Franklin county circuit, in March, 1892, and upon the call of the calendar was announced as. ready for trial, but, before it was reached or moved for trial, plaintiff served upon defendants a notice of discontinuance, and no further proceedings were taken in the case at that circuit. At a subsequent special term an extra allowance was granted to each of the defendants, and an order entered.discontinuing the action. The defendants might have insisted upon moving said cause when it was reached on the calendar, and in having said…
2Cases cited3 opinions
- Jones v. CaseNew York Supreme Court · 1869
- Ehlers v. WillisNew York Marine Court · 1882
- Oelberman v. RosenbaumNew York Supreme Court · 1888