Mott v. Consumers Ice Co.
New York Court of Common Pleas
Appeal from an order of this court made at special term on appeal from the clerk’s taxation of costs. The following costs allowed the defendant by the clerk were disallowed by the order:— Costs on appeal to Court of Appeals......|110 00 Trial fee on first trial.......... 80 00 Trial occupying more than two days on second trial 10 00 There were three trials. On the first, plaintiff was allowed to withdraw a juror.
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Appeal from an order of this court made at special term on appeal from the clerk’s taxation of costs. The following costs allowed the defendant by the clerk were disallowed by the order:— Costs on appeal to Court of Appeals......|110 00 Trial fee on first trial.......... 80 00 Trial occupying more than two days on second trial 10 00 There were three trials. On the first, plaintiff was allowed to withdraw a juror. On the second, the complaint was dismissed; there was a judgment of affirmance by the general term, and a reversal by the Court of Appeals with costs to abide event. On the third…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It was my impression, as stated upon the argument, that the practice was, as it was declared to be by Judge Brady in Sheridan v. Genet, whose decision was affirmed by the general term (Daily Reg. Dec. 13th, 1878; Feb. 7th, 1879), and as was held bjr Judge Barret, in Lyddy v. Kenny (Daily Reg. Feb. 10th, 1879) ; but an examination of the prior decisions shows that it has been settled the other way; that is, that where a new trial is granted with costs to abide the event, the party succeeding upon the new trial recovers the costs of the appeal and of the former…
2Cases cited3 opinions
- United States v. CarrSupreme Court of the United States · 1849
- People ex rel. Perkins v. Judges of the Court of C. P.New York Supreme Court · 1828
- Carvey v. RiderNew York Supreme Court · 1824
3Cited by9 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Starr Cash-Car Co. v. ReinhardtNew York Court of Common Pleas · 1894
- Whitelegge v. De WittNew York Court of Common Pleas · 1884
- Finck v. StachelbergAppellate Terms of the Supreme Court of New York · 1903
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
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