Sackett v. Ball
New York Supreme Court
—This was an application fbr an additional allowance for costs under the 308th section of the amended code. The action was for taking a quantity of flax. It was tried by a referee.
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—This was an application fbr an additional allowance for costs under the 308th section of the amended code. The action was for taking a quantity of flax. It was tried by a referee. The plaintiff, in his summons and complaint, claimed to recover $500. The referee reported in his favor to the amount of $424.' The affidavit upon which the motion is founded states that about eight days were occupied in taking the testimony and several days more in the argument of a motion for a non-suit, and when that had been denied, in arguing the cause upon the evidence. The affidavit further states that an…
1Opinion of the Court
Harris, Justice.
Ho guide has been iurnished by the Legislature by which to determine what are, and what are not “ difficult or extraordinary cases.” Erom the very nature of the question, it seems impossible to establish a rule, which will aid the court in determining whether or not an allowance should be made, under the provisions of the 308th section. Each case must, I think necessarily, depend upon its own peculiar features and circumstances—and, what is perhaps more to be regretted, upon the peculiar views and the rmcontrolled discretion of the particular judge *72before whom the application…
2Cited by2 opinions
- Burke v. CandeeNew York Supreme Court · 1872
- Addamo v. ScaturroCivil Court of the City of New York · 1963