Ballou v. Parsons
New York Supreme Court
THE referee appointed in this action having made a report therein in favor of the plaintiff for $6,113.80, with costs, which the defendants claimed was irregular, and the plaintiffs having presented their bill of costs to the clerk for adjustment, the clerk refused to tax said costs, which refusal the plaintiffs claimed was irregular.
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THE referee appointed in this action having made a report therein in favor of the plaintiff for $6,113.80, with costs, which the defendants claimed was irregular, and the plaintiffs having presented their bill of costs to the clerk for adjustment, the clerk refused to tax said costs, which refusal the plaintiffs claimed was irregular. For the purpose of presenting for judicial determination the above questions, it was stipulated and agreed between the attorneys for the respective parties that the plaintiffs might present to Judge Bocees, at Chambers, or at Special Term, the questions…
1Opinion of the CourtBockes, J.
Two motions heard together—one by the plaintiffs to compel the clerk to adjust their costs and enter judgment, the other by the defendants to set aside the report.
The disposition of the motion to set aside the decision of the referee will, of course, determine the other ; but it may be remarked here that the refusal of the clerk to adjust the plaintiffs’ costs and to enter judgment, according to the decision, was wrong. The referee’s decision, awarding judgment, stood before the clerk a-s the mandate of the court. The clerk had nothing to do with the question whether it had been regularly…
2Cases cited2 opinions
- Staples v. ParkerNew York Supreme Court · 1864
- Corning v. CooperNew York Court of Chancery · 1839
3Cited by3 opinions
- Gill v. ClarkNew York Supreme Court · 1900
- In re Robinson's WillNew York Surrogate's Court · 1907
- In re the Final Judicial Settlement of the Account of the Proceedings of RobinsonNew York Surrogate's Court · 1907