Fuller Buggy Co. v. Waldron

Kellogg, H. T., J.(1) A term fee for the Warren Term, held in June, 1905, was taxed. From the affidavits filed with the clerk upon taxation, it appears that the action was not tried at the June Term because not at issue, the plaintiff having served an amended complaint after the notice of trial. Although asserted in the defendants’ brief, it does not appear in the proof given before the county clerk that the plaintiff noticed the cause for trial and thereby estopped himself from denying that the same was necessarily upon the calendar. In serving his amended complaint he was in the exercise of…