Town of Pierrepont v. Lovelass
New York Supreme Court
Appeal from an order made at the Special Term, denying a motion of defendant for a retaxation of costs, and for the striking therefrom the sum of $55.66, charged and allowed the plaintiff for serving subpcenas upon witnesses.
1Opinion of the Court
Boardman, J.:
The clerk was wrong in allowing the plaintiff the expenses incurred in serving subpcenas upon witnesses. The necessary disbursements, under section 31.1 of the Code, are not intended to cover ordinary disbursements of the parties to suits, but only such as are incident to the regular proceedings in the action. (Case v. Price, 17 How., 348.) It has been held that the “ fees allowed by law” are those, only, given by 2 Revised Statutes, 634, etc. (Dewitt v. Swift, 3 How., 280; 6 Leg. Obs., 314; Moore v. Cockroft, 9 How., 479), or the Code. No allowance was given by the Revised…
2Cases cited3 opinions
- Lessee of Atkinson v. CumminsSupreme Court of the United States · 1850
- Burns v. MorseNew York Court of Chancery · 1836
- Rogers v. RogersNew York Court of Chancery · 1831