Legal Opinion

Erie & Jersey Railroad v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908PublishedCited by 2 opinions

Appeal by the defendants, Walter H. Brown and others, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the lltli day of October, 1907.

1Opinion of the Court

Miller, J.:

This is an appeal from an order denying a motion for an extra allowance in a condemnation proceeding, in which the defendants were successful on the trial bf the issues raised by the .answer to the petition. The application for an additional allowance was denied' by the court at Special Term for want of power. The •appellants,' conceding that only such costs as are expressly allowed by statute are recoverable, rely upon the provisions of section 3369 of the Code of Civil Procedure for such statutory authority. The *656provision thus relied upon is as follows: “Judgment shall be entered…

2Cited by2 opinions

  1. In re Laying Out, Opening & Extending School StreetAppellate Division of the Supreme Court of the State of New York · 1914
  2. In re LoomisAppellate Division of the Supreme Court of the State of New York · 1936

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