Cook v. Dickenson
The Superior Court of New York City
An application was made to one of the justices of this court, for an allowance under the § 308 of the code. The application was denied, and a notice of appeal was given to the general term. The counsel for the defendant, on notice, now moved to dismiss the appeal, on several grounds, but relied principally on the objection that the application was made to the discretion of the court, and the order denying it, is, therefore, not appealable.
1Opinion of the Court
*664By the Court.
Campbell, J.
The code provides that, where the action is for the recovery of money, or of real or personal property, and a trial has been had, the court may, in difficult or extraordinary cases, make an allowance in addition to the taxable costs, of not more than ten per cent, for an amount not exceeding five hundred dollars, and not more than five per cent, for any additional amount, and also, that such allowances may be made in cases of partition, foreclosure, attachment, for construction of wills, and also, in any case where the prosecution or defence has been unreasonably or…
2Cases cited1 opinion
- Winslow v. CollinsNew York Court of Chancery · 1831
3Cited by3 opinions
- Wilkinson v. TiffanyNew York Supreme Court · 1857
- Gori v. SmithThe Superior Court of New York City · 1867
- Gori v. SmithNew York Supreme Court · 1867