Crofts v. Rockefeller
New York Supreme Court
This was an action brought to recover possession of real property in the cqunty of Columbia. Dewitt Miller, Esq. appeared and answered fqr Rockefeller, and Henry Miller, Esq. for the two other defendants. Dewitt Miller, Esq. and Henry Miller, Esq. were copartners in the practice of the law. On trial at the circuit a verdict and judgment were given for the defendants.
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This was an action brought to recover possession of real property in the cqunty of Columbia. Dewitt Miller, Esq. appeared and answered fqr Rockefeller, and Henry Miller, Esq. for the two other defendants. Dewitt Miller, Esq. and Henry Miller, Esq. were copartners in the practice of the law. On trial at the circuit a verdict and judgment were given for the defendants. Two separate bills of costs were claimed by defendants’ attorneys., The bill of Dewitt Miller, for defendant Rockefeller, was taxed at $97'75, and subsequently paid. The bill of Henry Miller, was afterwards allowed on adjustment…
1Opinion of the Court
Parker, Justice.
Under the late practice, it was well settled that where the attorneys who appeared for different defendants, were partners, they could tax on recovery against the opposite party, but one bill of costs. With reference to costs, a firm consisting of two or more attorneys, was regarded as one attorney. It is claimed by the defendants’ counsel that the rule ought to be otherwise now, in as much as costs are declared to belong to the party (Code, § 303). But costs always belonged to the successful, party, and not to his attorney; though the bill of costs recovered may not be now,…
2Cited by1 opinion
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