In Matter of Petition of Prot. E. Pub. School
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the first judicial department, made April 12, 1881, which affirmed an order of Special. Term which corrected the taxation of costs in this proceeding by striking out an allowance of $60, for proceedings before, and for argument at, General Term, and substituting in place thereof $10. (Reported below, 24 Hun, 367.) The nature of the proceedings and the facts are sufficiently stated in the opinion.
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Appeal from order of General Term of the Supreme Court in the first judicial department, made April 12, 1881, which affirmed an order of Special. Term which corrected the taxation of costs in this proceeding by striking out an allowance of $60, for proceedings before, and for argument at, General Term, and substituting in place thereof $10. (Reported below, 24 Hun, 367.) The nature of the proceedings and the facts are sufficiently stated in the opinion. This is a special proceeding, and being such, the costs are prescribed by statute, and are not in the discretion of the court as to the…
1Opinion of the CourtFinch, J.
The question of costs presented for our determination arose upon a petition to vacate an assessment in the city of Hew York. That was a special proceeding. (In re Jetter, 78 N. Y. 601; In re Manhattan Savings Inst., 82 id. 142.) Ho costs, therefore, followed its decision unless awarded by the order of the court, which had discretion to either grant or withhold them. If granted, however, the rate should have been the same as for similar services in an action. (Code, § 3240.) The petitioner succeeded at the Special Term and the assessment was ordered to be vacated with costs. The city appealed…
2Cases cited2 opinions
- In Matter of Petition of JetterNew York Court of Appeals · 1879
- McGregor v. James BuellNew York Court of Appeals · 1864
3Cited by24 opinions
- In re EdsonAppellate Division of the Supreme Court of the State of New York · 1899
- Fulton v. KrullAppellate Division of the Supreme Court of the State of New York · 1912
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
- Isola v. WeberAppellate Division of the Supreme Court of the State of New York · 1896
- Michalowski v. EyAppellate Division of the Supreme Court of the State of New York · 1959
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