Hanna v. Dexter
New York Supreme Court
I.—July, 1862. Motion for readjustment of costs. This action was brought by John Hanna against John D. Dexter. At the January circuit the plaintiff applied for a day’s adjournment on account of his attorney’s absence ; the defendant objected unless the cause should be-put over the term. The cause was then ordered off for the term on payment of the costs of the day. ■ The case was on the day-calendar in'February when it was put over the term on defendant’s motion.
Read the full summary
I.—July, 1862. Motion for readjustment of costs. This action was brought by John Hanna against John D. Dexter. At the January circuit the plaintiff applied for a day’s adjournment on account of his attorney’s absence ; the defendant objected unless the cause should be-put over the term. The cause was then ordered off for the term on payment of the costs of the day. ■ The case was on the day-calendar in'February when it was put over the term on defendant’s motion. The action came on for trial at the March circuit, when the plaintiff was allowed to withdraw a juror “ on payment of costs of the…
1Opinion of the CourtClerke, J.
This case comes before the court on an appeal from the adjustment by the clerk.
The January costs should not be taxed against the plaintiff. The trial was postponed until the next circuit, for the accommodation of the defendant. The plaintiff paid the costs of the day, as the condition of granting his application for a postponement within the circuit.
The adjustment of the February and March costs, by the judge, was an adjustment, not within his power-, for the purpose of entering up the judgment. If he had any power in this respect, it was merely for interlocutory purposes. The taxation,…
2Cases cited9 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- St. John v. WestNew York Supreme Court · 1850
- Tallman v. HinmanNew York Supreme Court · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lott v. KrakauerNew York Marine Court · 1878