Wessels v. Carr
City of New York Municipal Court
Motion for retaxation of costs. In a suit by E. J. Wessels against A. Carr, defendant was in default twice. Judgments for the plaintiff were entered on inquest in each case. The defaults were set aside on terms. After trial on recovery of judgment for the plaintiff a trial fee of $30 was taxed for each inquest. Defendant moved for a retaxation as to the items for proceedings after setting aside the inquest, and the trial fees for the inquest.
1Opinion of the CourtNehrbas, J.
Every inquest taken in a cause is a trial, for which a trial fee may be taxed. The sum paid for the privilege of opening the inquest is in the nature of a penalty imposed, and does not interfere with the taxation of costs to the party ultimately successful. Cohn v. Husson, 3 How. Pr. (N. S.) 130. But the amount taxable for proceedings after granting of a new trial can scarcely be made applicable to the case of setting aside an inquest. The clerk’s taxation will, therefore, be affirmed, except as to the item of $50 for proceedings before and after granting two new trials, which item will be…
2Cited by4 opinions
- Roberson v. Rochester Folding Box Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Jacob Hoffman Brewing Co. v. VolpeCity of New York Municipal Court · 1893
- Moniz v. National Constructors, Inc.New York Supreme Court · 1952
- Engberman v. North German Lloyd Steamship Co.Appellate Terms of the Supreme Court of New York · 1903