Legal Opinion

Van Hovenburgh v. Case

Court for the Trial of Impeachments and Correction of Errors

Decided October 15, 1842Published

Taxation of costs. In July, 1842, Van Hovenburgh sued Case in this court, on a demand arising upon contract amounting to upwards of fifty dollars. After the commencement of the suit, proceedings were instituted against the defendant before the recorder of Schenectady, under the “ act to abolish imprisonment for debt” &c..; (Sess. Laws of 31, p. 396, § 3 to 10 ;) and, after a hearing before that officer, the complaint was dismissed.

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Taxation of costs. In July, 1842, Van Hovenburgh sued Case in this court, on a demand arising upon contract amounting to upwards of fifty dollars. After the commencement of the suit, proceedings were instituted against the defendant before the recorder of Schenectady, under the “ act to abolish imprisonment for debt” &c..; (Sess. Laws of 31, p. 396, § 3 to 10 ;) and, after a hearing before that officer, the complaint was dismissed. The defendant thereupon procured his costs to be taxed, as follows : Attorney’s fees, $10. Witnesses’ fees and fees for serving subpoena, $17,47. Recorder’s fees,…

1Opinion of the Court

By the Court,

Nelson, Ch. J.

The non-imprisonment act declares that, where the complaint is dismissed, the party-making it “ shall be liable for all fees to officers, and for all costs and expenses which the defendant shall have incurred.” (Sess. Laws of'31, p. 401, § 22; 1 R. S. 812, § 22, 2d ed.) By a subsequent act (Sess. Larks of ’38$ p. 97, § 3) it is provided that, a the. costs, fees and ekpentees &c. shall in all cases be made out by stating the particular charges, and be taxed by the officer before whom such proceedings shall be had; but no counsel, retaining or trial fee, shall be…

2Cases cited1 opinion

  1. Potter v. RichardsNew York Supreme Court · 1834

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