Legal Opinion
Bank of Niagara v. Austin
New York Supreme Court
Decided August 4, 1831PublishedCited by 5 opinions
On a motion for retaxation of costs, the following directions were given to the taxing officer by the Chief Justice : A plaintiff is entitled to an allowance of two counts in his declaration on each cause of action. 2 R. S. 653, § 5.
1Opinion of the Court
Counsel fee, attending prepared either to try cause or argue case, is a proper charge when the cause is noticed by either party.
Attorney's fee, attending prepared to argue a case, is not a proper charge when the case is not argued, except when the attendance is pursuant to notice from the opposite party.
A foreign witness, subpoenaed at the place of trial, is not entitled to travelling fees.
2Cited by5 opinions
- State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895
- People ex rel. Union Bank v. New York C. P.New York Supreme Court · 1838
- Wheeler v. LozeeNew York Supreme Court · 1856
- Dowling v. BushNew York Supreme Court · 1852
- Schenck v. LathropNew York Supreme Court · 1842