Legal Opinion

City Tax Lien Co. v. Murray

New York Supreme Court

Decided June 15, 1915Published

Motion to review taxation of costs.

1Opinion of the CourtBenedict, J.

This motion, so far as it seeks the retaxation of the plaintiff’s bill of costs herein, must be granted. This action was brought to foreclose a tax lien for $51.06, for which amount judgment was awarded to the plaintiff, with costs. The clerk taxed the costs at $200.79, nearly four times the amount of the judgment. All the defendants are of full age.

The allowance of the trial fee was improper. A reference, or hearing of evidence in court, which is merely auxiliary to an application for judgment by default for failure to plead is not, by the great weight of authority, a trial. Cohen v. Cohen,…

2Cases cited3 opinions

  1. Taaks v. SchmidtNew York Supreme Court · 1863
  2. Cohen v. CohenNew York Supreme Court · 1893
  3. In re the Final Accounting of VieuNew York Supreme Court · 1899

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