People ex rel. Oak Hill Cemetery Ass'n v. Pratt
New York Supreme Court
Appeal from special term, Monroe county. Certiorari by the Oak Hill Cemetery Association against Luther A. Pratt and others to review an assessment. ■ From an order directing a retaxation of costs, defendants appealed. Reversed.
1Opinion of the CourtDwight, P. J.
The proceeding was by certiorari to review an assessment. ■ It went, by appeal of both parties, from the special term to *854the general'term, and thence to the court of appeals. The latter court sustained the appeal of the relator, and made a final order in its favor, with costs in the general term and court of appeals. 29 N. E. Rep. 7. These costs the clerk taxed as on appeals from orders. The special term directed a retaxation and allowance of costs as in an action, and from that order this appeal is taken. We think the clerk was right, and that the order for a retaxation was erroneous.…
2Cases cited1 opinion
- People Ex Rel. Western Union Telegraph Co. v. DolanNew York Court of Appeals · 1891
3Cited by4 opinions
- People ex rel. Bemus v. FlaggNew York Supreme Court · 1897
- People ex rel. Bleecker St. & F. F. R. v. BarkerNew York Supreme Court · 1895
- People ex rel. City of Rochester v. De WittAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Dwight v. PlattNew York Supreme Court · 1894