Andrews v. Cross
New York Supreme Court
Motion for a re-taxation of costs, in the nature of an appeal from taxation by the county clerk. The material facts appear in the opinion.
1Opinion of the CourtBockes, J.
—The facts necessary here to be noticed are as follows : The action, being at issue, was duly noticed for trial by the defendant for the Albany October circuit, 1884. The plaintiff failed to appear, and when the case was called for trial, judgment was directed for the dismissal of the complaint, with costs. The costs were thereafter duly taxed or adjusted, and judgment therefor was duly entered. Execution was issued and returned unsatisfied ; whereupon proceedings supplementary to execution were instituted.
A motion was then made by the plaintiff, at special term, to open the default and to be…
2Cases cited9 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Riggs v. . PursellNew York Court of Appeals · 1878
- White v. . MadisonNew York Court of Appeals · 1862
- Doty v. . BrownNew York Court of Appeals · 1850
- McKnight v. . DevlinNew York Court of Appeals · 1873
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3Cited by4 opinions
- Vogel Co. v. ReinhardtCity of New York Municipal Court · 1915
- Byrne v. Brooklyn City & Newtown R. Co.New York City Court · 1893
- Stromberg v. Di SalvoAppellate Terms of the Supreme Court of New York · 1902
- Dailey v. StrombergNew York Supreme Court · 1919