Legal Opinion
Taylor v. Maynard
New York Supreme Court
Decided January 15, 1914Published
Action by George D. Taylor and another against S. Arthur Maynard and others. On motion for retaxation of costs. Motion granted.
1Opinion of the CourtPound, J.
Action to foreclose a mechanic’s lien. Judgment for plaintiffs in terms provides for “plaintiffs’ bill of taxable costs, amounting' to the sum of $205.41, which the court in its discretion hereby awards and grants to the plaintiffs against all of the defendants according to the rate allowed by law in an action brought to foreclose a real property.”
The clerk on taxation of costs disallowed an item in plaintiffs’ bill of costs for “allowance by statute $41.50,” being the percentages under section 3253 of the Code of Civil Procedure allowed to' plaintiff when he recovers costs in an action…