Superintendents of the Poor of the Ontario v. Moore
New York Supreme Court
Costs on appeal from an order of bastardy. An order of filiation was made by two justices, adjudging A. W. Moore to be the reputed father, &c. Moore appealed to the general sessions of Ontario, who after hearing evidence, quashed the order, and awarded costs to be paid to him, which were taxed by three of the judges of the county courts of Ontario, at the sum of #96,15. The taxation was opposed by the counsel for the superintendents of the poor of the county.
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Costs on appeal from an order of bastardy. An order of filiation was made by two justices, adjudging A. W. Moore to be the reputed father, &c. Moore appealed to the general sessions of Ontario, who after hearing evidence, quashed the order, and awarded costs to be paid to him, which were taxed by three of the judges of the county courts of Ontario, at the sum of #96,15. The taxation was opposed by the counsel for the superintendents of the poor of the county. By arrangement between the counsel, and by the desire of the general sessions, the bill as taxed is submitted to the supervision of…
1Opinion of the Court
By the Court,
SUTHERLAND, J.
The question is, can the sessions, in a case like this, allow more than taxable costs ? There is a marked distinction between phraseology of the revised statutes on this subject, and the law as it heretofore existed. Formerly it was the duty of the general sessions to award to the party in whose favor an appeal of this kind was determined, “ such costs and charges as the said justices in their discretion shall deem reasonable,” to be paid by the losing party. 1 R. L. 310, § 11. Now the language of the statute is, “The court shall award costs to the party in whose…
2Cases cited1 opinion
- Potter v. RichardsNew York Supreme Court · 1834
3Cited by2 opinions
- Mayham v. AllenNew York Supreme Court · 1888
- Fellows v. LaneNew York Court of Sessions · 1884