De Lamater v. Carman
New York Court of Common Pleas
Appeal from an order at special term affirming a decision of the clerk in adjusting costs of an appeal. This action was brought against the defendants, as the Trustees of the ¡New York Brick Company, for having failed to file the statement required by the Act of 1848, § 12. A trial was had before a referee, upon whose report a judgment was entered dismissing the complaint. Separate bills of costs were taxed in favor of the several defendants who had appeared.
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Appeal from an order at special term affirming a decision of the clerk in adjusting costs of an appeal. This action was brought against the defendants, as the Trustees of the ¡New York Brick Company, for having failed to file the statement required by the Act of 1848, § 12. A trial was had before a referee, upon whose report a judgment was entered dismissing the complaint. Separate bills of costs were taxed in favor of the several defendants who had appeared. The plaintiff appealed from the judgment, and on the appeal the judgment was affirmed, and each of the defendants, who had appeared,…
1Opinion of the CourtBrady, J.
In this case, the defendants appeared by different attorneys, and separate bills of costs were taxed in their *183favor, for which they had judgment. The plaintiff is the appellant. It was his duty to prepare the case and furnish it to the defendants’ attorneys and the court. The answer of the defendants was substantially the same, and the judgment for all was given at the same time, as the result of one trial. The appeal was heard upon one argument, and it followed, from the nature of the judgment and the appeal, that there must be a judgment of reversal as to all or none. But one counsel was…
2Cited by1 opinion
- In re the Estate of IsaacsNew York Surrogate's Court · 1935