Van Meter v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Y. M. Kelly, from so much of a final judgnfent of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 19th day of May, 1909, confirming the report of a referee in an action for a partition as awards and allows to the plaintiff and to his attorney an additional allowance, and also from so much of said judgment as awards additional allowances to the attorneys for certain of the defendants.
1Opinion of the Court
Kruse, J.:
The only question brought up for review here is whether the-■additional allowances for costs were properly made. The action is for the partition of real property. . .
*456The ■ appealing defendant raises two objections to the costs so-allowed : (1) That the court had no authority to allow in the aggregate to all of the parties as such additional allowances more than five per cent of the value of the subject-matter of the action, and (2) that no additional allowance should have, been. made at all, and that in doing so there was an abuse of discretion. As regards the last point, it is…
2Cases cited1 opinion
- Fraser v. Trustees of the General Assembly of the United Presbyterian Church of North AmericaNew York Supreme Court · 1890
3Cited by1 opinion
- Warren v. . WarrenNew York Court of Appeals · 1911