Woodford v. Bucklin
New York Supreme Court
Appeal by plaintiff from an order of the Special Term, denying a motion to sot aside the taxation of costs in this action by the clerk of Herkimer county, and the entry of such costs in the judgment in favor of the defendant Elizabeth Bucklin against the plaintiff. . The action was in the nature of a creditor’s bill to set aside certain conveyances. All the defendants appeared by the same attorneys and set up in one answer their respective defenses.
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Appeal by plaintiff from an order of the Special Term, denying a motion to sot aside the taxation of costs in this action by the clerk of Herkimer county, and the entry of such costs in the judgment in favor of the defendant Elizabeth Bucklin against the plaintiff. . The action was in the nature of a creditor’s bill to set aside certain conveyances. All the defendants appeared by the same attorneys and set up in one answer their respective defenses. The issues were referred to A. C. Mdler, Esq., as sole referee, to hear and determine. His report found the conveyances to be fraudulent, and…
1Opinion of the Court
Hardin, J.:
Confessedly this was an equity action. It was referred to a referee to hear and determine, and his report passes upon the question of costs. Part of his decision awards costs to the defendant, Elizabeth Bucklin, and his report stands undisturbed. The costs-were in the discretion of the trial court. That discretion cannot be reviewed, except upon an appeal from the report. (Stevens v. Veriane, 2 Lans., 90.) That was an equity action and heard before a referee. Mullin, P. J., in delivering the opinion of the court, said: “ The referee was bound to determine who should pay the costs,…
2Cases cited3 opinions
- Stevens v. VerianeNew York Supreme Court · 1870
- Beattie v. QuaNew York Supreme Court · 1852
- Dana v. . HoweNew York Court of Appeals · 1855