Jerome v. Boeram
New York Supreme Court
Motion to set aside attachments, and for retaxation, in the above and three other causes. At the last October term, a motion made by the defendant to be discharged from arrest . in those causes, was denied with costs. The plaintiff’s attorney, (the same attorney prosecuting for all the plaintiffs,) had costs taxed in each cause at $13,40, on 30th November last, after due notice to the defendant’s attorney, and had the same demanded of the defendant.
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Motion to set aside attachments, and for retaxation, in the above and three other causes. At the last October term, a motion made by the defendant to be discharged from arrest . in those causes, was denied with costs. The plaintiff’s attorney, (the same attorney prosecuting for all the plaintiffs,) had costs taxed in each cause at $13,40, on 30th November last, after due notice to the defendant’s attorney, and had the same demanded of the defendant. The demand was made by an agent of the plaintiff’s attorney, who delivered to the defendant copies of the taxed bills, shewed the certified…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The taxation of four bills of costs was erroneous. The motion of the defendant having been resisted on one set of papers, there should have been but one bill taxed; but this objection ought to have been made before the taxing officer, (1 Cowen, 49, ib. 591,) and the motion for relaxation ought to have been made at the next term.
The demand of costs was regularly made. It is not necessary in such cases that a copy of the power of attorney should be served, nor need a certfied copy of the rule for costs be delivered. A copy of the certified copy was served, with *295a copy…
2Cited by7 opinions
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- Ayrault v. ChamberlinNew York Supreme Court · 1857
- Kellogg & Sandford v. PotterNew York Supreme Court · 1834
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