Van Hovenburgh v. Case
Court for the Trial of Impeachments and Correction of Errors
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
- Potter v. RichardsNew York Supreme Court · 1834