Lampman v. Hand & Whaley
New York Court of Chancery
This was an appeal from the decision of the taxing officer in reference to the taxation of the costs on an appeal to the chancellor from a decree of the vice chancellor. The items objected to, but allowed by the taxing officer, were a retaining fee for the solicitor and counsel on the appeal, and the charges for copies of the pleadings and case for counsel, and for abbreviating the pleadings and proofs for the use of counsel.
1Opinion of the Court
The Chancellor.
Upon an appeal to the court fot- the correction of errors, from a decree or order of the chancellor, retaining fees to solicitor and counsel are allowed, although the solicitor and counsel may be, and generally are, the same who were engaged in the cause in the court below. (See 13th Rule of C. of Errors.) An appeal from a decree of a vice chancellor to the chancellor, is a new proceeding; as much so as an appeal from a decree or order of the chancellor to the court for the correction of errors. I can see no good reason why a retaining fee should not be allowed in the one case…
2Cited by1 opinion
- Gifford v. RisingNew York Supreme Court · 1888