Smith v. Coe

This is a motion, made November 18, 1868, to vacate an order purporting to have been made at a special term, on the 17th of December, 1868, and filed the 8th of October, 1868, directing that the defendant have an allowance of five per cent on the plaintiff's claim, and to strike such .allowance from the judgment. The order in question is claimed to be irregular upon the ground, as is alleged, that it was obtained without notice to the plaintiff, and for the further reason that it purports to have been made when no special term was held.

The papers show that upon the trial of the action, on the…