Graves v. Blanchard
New York Supreme Court
This was a bill in equity, filed in this court, in October, 1847. The cause was put at issue by a replication, and was brought to a hearing on pleadings and proofs, in October, 1848, at the Washington special term; and was then referred, by the consent of the solicitors to a sole referee “to hear the same and report thereon."
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This was a bill in equity, filed in this court, in October, 1847. The cause was put at issue by a replication, and was brought to a hearing on pleadings and proofs, in October, 1848, at the Washington special term; and was then referred, by the consent of the solicitors to a sole referee “to hear the same and report thereon." On the 25th September, 1849, the referee made a report that he had heard the proofs and allegations of the parties, and duly deliberated thereon, and that he found due to the plaintiff, from the defendants, the sum of $669.63. The decree then specified the manner in…
1Opinion of the Court
Willard, Justice.
If the referee had jurisdiction of the question of costs, the present motion must be denied. For an error in granting or refusing the general costs of the cause, the remedy is by appeal. (2 R. S. 605, § 79.) Chapter 4 of title 11th of the Code is not applicable to this case. With respect to interlocutory costs resting in the discretion of the court, no appeal lay under the former practice. (See Buloid v. Miller, 4 Paige, 473 ; Collins v. Winslow, 3 Paige, 88.) An appeal from an order, granting or refusing the general costs, must be taken within fifteen days after notice of…
2Cases cited2 opinions
- Winslow v. CollinsNew York Court of Chancery · 1831
- Buloid v. MillerNew York Court of Chancery · 1834
3Cited by4 opinions
- Ludington v. TaftNew York Supreme Court · 1851
- Bent Steel Co. v. Western Electric Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Gilliland v. CampbellNew York Supreme Court · 1859
- Ward v. WardThe Superior Court of New York City · 1892