Louis v. Empire State Insurance
New York Supreme Court
Appeal from special term, Monroe county. Action by Hinman Louis against the Empire State Insurance Company. From an order denying a motion for a retaxation of costs, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
The defendant demurred to the plaintiff’s complaint upon' the ground that it failed to state a cause of action. The demurrer was overruled, with costs, but with leave to the defendant to withdraw the demurrer and answer over within 20 days upon the payment of costs, and, in case of his failure so to do, plaintiff was at liberty to enter final judgment for the relief demanded in his complaint. Plaintiff presented to the clerk for taxation a full bill of costs, including the items of $25 before notice of trial, $1 for serving summons and complaint, and 63 cents for the sheriff’s fees on…
2Cases cited5 opinions
- Adams v. WardNew York Supreme Court · 1881
- Edson v. DillayeNew York Supreme Court · 1853
- Skinner v. WhiteNew York Supreme Court · 1893
- AnonThe Superior Court of New York City · 1851
- Phipps v. Van CottNew York Supreme Court · 1857
3Cited by2 opinions
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
- Garrett v. WoodAppellate Division of the Supreme Court of the State of New York · 1901