Nellis v. De Forrest
New York Supreme Court
This was a motion on the part of the defendant for an order fixing the amount of costs to be paid by defendant to the plaintiff upon a judgment or order of a single judge, overruling the demurrer of the defendant to two counts of the complaint, and allowing the defendant to answer upon payment of costs, or for an order readjusting the costs as adjusted by the clerk of Oneida county, and for leave to serve said answer.
1Opinion of the Court
Crippen, Justice.
The papers on which this motion was made, show that the defendant demurred to the complaint; that the court overruled the demurrer to the two last counts of said complaint, with leave to answer on payment of costs. The defendant appealed from the order or judgment against him on the demurrer, to the general term, and judgment of affirmance was rendered on the appeal.
The plaintiff’s attorney thereupon noticed the adjustment of his costs on the demurrer and on the appeal before the clerk ot Oneida county. The defendant’s attorney appeared and opposed such adjustment, and…
2Cited by4 opinions
- Matter of BakerNew York Court of Appeals · 1940
- Lott v. KrakauerNew York Marine Court · 1878
- Pennell v. WilsonThe Superior Court of New York City · 1864
- Same v. SameThe Superior Court of New York City · 1867