Legal Opinion

Gilroy v. Badger

Appellate Terms of the Supreme Court of New York

Decided June 15, 1899PublishedCited by 14 opinions

Appeal from an order of the General Term of the City Oourt of the city of Rew York, affirming an order made at the Special Term, denying defendant’s motion for a retaxation of costs.

1Opinion of the CourtLeventritt, J.

The only question involved in this appeal is one of costs. Suit was brought in the City Oourt on a promissory note. After issue joined, the action was, on motion of the plaintiff, placed on the short cause calendar, brought on for trial and, after having proceeded for an hour without being concluded, was, under the rule, sent back to the general calendar. Subsequently it came to be tried in regular course and resulted in a verdict for the defendant. On an ex parte taxation of his bill of costs the defendant included two trial fees, one for each proceeding, and similarly, two items of “ costs…

2Cases cited6 opinions

  1. Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
  2. Starr Cash-Car Co. v. ReinhardtNew York Court of Common Pleas · 1894
  3. Jackett v. JuddNew York Supreme Court · 1859
  4. Ellsworth v. GoodingNew York Supreme Court · 1852
  5. Perry v. LivingstonNew York Supreme Court · 1852

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hakonson v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
  2. Barry v. WinkleAppellate Terms of the Supreme Court of New York · 1901
  3. Browning v. BrokawAppellate Division of the Supreme Court of the State of New York · 1906
  4. Browning v. GoldmanAppellate Terms of the Supreme Court of New York · 1901
  5. Finck v. StachelbergAppellate Terms of the Supreme Court of New York · 1903

9 more not listed; retrieve them via the Exa API.

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