Hinckley v. Boardman
New York Supreme Court
RUSSEL, on an affidavit stating, that in the present suit, the recovery had been less than $250 ; that the verdict had. been set aside on payment oi costs, which had been taxed, at those of this court, and paid over, moved, on the part °f the defendant, that the taxation should be reviewed, and every thing received beyond the costs of the common pleas, returned. read an affidavit stating, that after the rule to set aside the verdict had been obtained, he, as attor-uey to the…
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RUSSEL, on an affidavit stating, that in the present suit, the recovery had been less than $250 ; that the verdict had. been set aside on payment oi costs, which had been taxed, at those of this court, and paid over, moved, on the part °f the defendant, that the taxation should be reviewed, and every thing received beyond the costs of the common pleas, returned. read an affidavit stating, that after the rule to set aside the verdict had been obtained, he, as attor-uey to the plaintiff, made out the bill of costs, and submitted it to Mr. Russel, who mads objections to some items, all of which…
1Opinion of the CourtKent, C. J.
He should have appeared and contested the taxing. His not doing so is a waiver of his right. Had it been otherwise, I should think the costs of the common pleas only were recoverable, though we certainly might have allowed supreme court costs had we pleased so to do. As things are, you can take nothing by your motion, and must pay the costs of resisting.
2Cited by2 opinions
- Crane v. GurneeNew Jersey Court of Chancery · 1908
- Lott v. KrakauerNew York Marine Court · 1878