Wilson v. Lange
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Lucius A. Wilson against Louis B. Lange. From an order denying a motion for retaxation of costs, plaintiff appeals. Reversed. See 83 N. Y. Supp. 180.
1Opinion of the CourtBischoff, J.
Under an order of this court reversing an order of the Special Term below, “with costs” to the appellant, the clerk taxed disbursements, over the plaintiff’s objection, and the propriety of the taxation of disbursements as a whole—not as to the character of the items—is presented upon this appeal.
That disbursements do not follow an award of costs on appeal from an order, without express direction, where the statute applicable provides for the fixing of costs at a sum “not exceeding ten dollars besides necessary disbursements” (Code, §. 3251, subd. 3), has been directly determined. Cassidy v.…
2Cases cited3 opinions
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
- Burnell v. ColesAppellate Terms of the Supreme Court of New York · 1899
- In re Accounts of Steencken & BolteAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Benjamin v. BrownsteinAppellate Terms of the Supreme Court of New York · 1913
- Sherer v. CannonNew York County Court, Steuben County · 1907