Roosevelt v. Schermerhorn

As heretofore held by me (Dean v. Booth, N. Y. L. J., July 7, 1900, Special Term, Part I), this motion for a retaxation should be granted upon the ground that the general answer of an infant suffices to raise an issue of fact sufficient for the purposes of taxation of a trial fee and costs after notice of trial where the answer necessitated the plaintiff’s proof of his-cause of action.

*288The definition of issues as found in sections 963 and 964 of the Code, is confined to issues arising on the pleadings and for -the purposes of the chapter of the Code relating to the method of trial. § 963.…