Schermerhorn v. Van Voast
New York Supreme Court
On the 25th day of April 1851, the costs in this cause were adjusted upon notice, and opposition, by the clerk of the county of Schenectady at $34-82. The bill presented by the attorneys for the plaintiff amounted to $49-70|; of the items claimed on the part of the plaintiff, the clerk disallowed 50 cents for entering judgment; $1*50 out of $3, for the attendance of witnesses two days each, and $12-88 charged for travelling fees for Jacob M. Schermerhorn from the place of…
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On the 25th day of April 1851, the costs in this cause were adjusted upon notice, and opposition, by the clerk of the county of Schenectady at $34-82. The bill presented by the attorneys for the plaintiff amounted to $49-70|; of the items claimed on the part of the plaintiff, the clerk disallowed 50 cents for entering judgment; $1*50 out of $3, for the attendance of witnesses two days each, and $12-88 charged for travelling fees for Jacob M. Schermerhorn from the place of his residence in the county of Cortland, to'the city of Schenectady. After the costs were adjusted and the plaintiff’s…
1Opinion of the Court
Cady, Justice.
The fee of 50 cents for entering the judgment belonged to the clerk, and he had a perfect right to refuse to insert it in the adjustment of costs. The affidavit of B. F. Potter shows that the cause was called on the first day of the last circuit in Schenectady and the trial postponed at the request of one of the attorneys for the plaintiff, and that the cause was tried on the second day of the circuit, that the three witnesses for whose attendance two days each was claimed, resided in the city of Schenectady, and that one of them did not attend on behalf of the plaintiff. This…
2Cited by2 opinions
- Logan v. ThomasNew York Supreme Court · 1855
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