Peterson v. Dickel
New York Supreme Court
Motion for readjustment of costs. The plaintiff took an appeal to the Court of Appeals, from an order of the Supreme Court. The Court of Appeals dismissed the appeal on grounds unnecessary to be stated, and the following order was entered: “ On reading and filing affidavits and papers, and after hearing Mr. J. H. Reynolds, counsel for the respondent, it is ordered that the appeal in this action be, and the same is hereby dismissed with costs.”
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Motion for readjustment of costs. The plaintiff took an appeal to the Court of Appeals, from an order of the Supreme Court. The Court of Appeals dismissed the appeal on grounds unnecessary to be stated, and the following order was entered: “ On reading and filing affidavits and papers, and after hearing Mr. J. H. Reynolds, counsel for the respondent, it is ordered that the appeal in this action be, and the same is hereby dismissed with costs.” The clerk adjusted the costs as follows : Costs per statute..........$25 Disbursements...........3.78 $28.78 The appellant now moved for a readjustment.
1Opinion of the CourtDavies, J.
In this case the plaintiff appealed to the Court of Appeals, and by an order made in that court on the 28th of September, 1858, the said appeal was dismissed with costs. That order or judgment has been made the judgment of this-court, with the further order that the defendant have execution for his costs when taxed by the clerk.
Upon this state of facts the clerk has adjusted the costs at $28.78, being $25 as allowed for costs on appeal to the Court of Appeals before argument, and $3.78 for disbursements. A motion is now made to correct this adjustment. The case in 2 Sandf., 741, which seems…
2Cases cited1 opinion
- Kanouse v. MartinThe Superior Court of New York City · 1850