Hamilton v. Butler
The Superior Court of New York City
Appeal from taxation of costs. This action was by Jeremiah Gr. Hamilton against Wentworth S. Butler, to recover $550 ; and the defendant in his answer claimed $1,000 against the plaintiff. The case was tried three times. On the first trial, after the evidence was all in, the justice discharged the jury on account of some misconduct on the part of one of the jurymen, and put the case off for the term.
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Appeal from taxation of costs. This action was by Jeremiah Gr. Hamilton against Wentworth S. Butler, to recover $550 ; and the defendant in his answer claimed $1,000 against the plaintiff. The case was tried three times. On the first trial, after the evidence was all in, the justice discharged the jury on account of some misconduct on the part of one of the jurymen, and put the case off for the term. On the second -trial at the next term the jury failed to agree, and were discharged. On the third trial the jury rendered a verdict for the defend-, ant for $1,106.85, the amount claimed by him.…
1Opinion of the Court
Robertson, Ch. J.
This action has been three times tried. On the first trial the jury were discharged after all the evidence was admitted, on account of the misconduct of one of their number. On the second the jury disagreed. On the third they found, a verdict for the defendant.
I do not find any provision of law for over five term-fees in any action. (Code, § 307, subd. 7.) The item in the defendant’s bill of costs for an extra term-fee after the cause had been once Med was properly disallowed.
The provision of the (Code, § 307, subd. 4) for all proceedings before a new trial, only applies to…
2Cited by9 opinions
- Hudson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Adams v. New York, Lake Erie & W. R. R. Co.New York Supreme Court · 1888
- Roberson v. Rochester Folding Box Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Zelmanovitz v. Manhattan Railway Co.New York Court of Common Pleas · 1891
- R. M. Gilmour Mfg. Co. v. StetlerCity of New York Municipal Court · 1908
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