Carter v. Beckwith
New York Supreme Court
Appeal from judgment on report of referee. Action by George C. Carter against Emily P. Beckwith and others to set aside a commission in lunacy. Judgment for plaintiff was entered on the report of the referee in Onondaga county, and defendants appeal. For decision of the court of appeals, see 10 N. E. Rep. 350.
1Opinion of the CourtHardin, P. J.
I think the rule laid down by the chancellor in Re Conklin, 8 Paige, 450, should be applied in this case. The court, as a matter of discretion, might have awarded taxable costs to the attorney who appeared and acted for the lunatic, and such award might have been given upon motion. Under the circumstances of this case, I am in favor of reversal, and a new trial, unless the plaintiff shall stipulate to reduce the damages and judgment therefor to the sum of $173.63, as of the date of the referee’s report. If such stipulation shall be given in 20 days, and filed with the clerk of Oneida county,…
2Cases cited1 opinion
- In re ConklinNew York Court of Chancery · 1840