Boughton v. Phillips
New York Court of Chancery
Íhis was an application for the retaxátion of the defendant’s costs upon a bill of discovery. After thé defendant’s answer had been perfected he applied to the court for the usual order, for the dissolution of the injunction and for the payment of his costs in the suit. And the taxing officer allowed to the defendant fifteen dollars for brief, solicitor’s and counsel fees upon the motion.
1Opinion of the Court
The Chancellor.
The taxing officer has in this casé proceeded upon the erroneous supposition that the application for the payment of costs, on a bill of discovery, is a hearing of the cause. It is indeed a proceeding which puts an end to the suit. But the practice of the court in such cases is to dispose of the question of costs upon motion, and never to suffer the cause to be brought to a hearing, either upon bill and answer or upon pleadings and proofs. (Anon. Mosley’s Rep. 185. King v. Clark, 3 Paige’s Rep. 76.) The application for a dissolution of the injunction and for the costs of the…
2Cited by1 opinion
- Haldeman v. BruckhartSupreme Court of Pennsylvania · 1863