Servin v. Perry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John M. Servin and another, from part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 23d day of December, 1914, upon the decision of the court after a trial at the Westchester Special Term. The judgment is appealed from in so far as it grants extra allowances to the attorneys for certain of the parties herein.
1Opinion of the Court
Stapleton, J.:
The aggregate allowances made to the parties in this action for partition exceed five per centum of the value of the property partitioned. The court was powerless to make the excessive allowances.
In Warren v. Warren (203 N. Y. 250) the Court of Appeals expressly approved the rule governing the award of allowances in an action for partition announced in Doremus v. Crosby (66 Hun, 125), and followed in Van Meter v. Kelly (131 App. Div. 455). Speaking of that rule the Court of Appeals said: “Thus this rule has the support of authority, of long-continued usage and, we believe, of…
2Cases cited3 opinions
- Warren v. . WarrenNew York Court of Appeals · 1911
- Doremus v. DoremusNew York Supreme Court · 1892
- Pallace v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Godfrey v. Medical SocietyAppellate Division of the Supreme Court of the State of New York · 1917
- Schorner v. SchornerNew York Supreme Court · 1985