Cohen v. Cohen
New York Supreme Court
Appeal from special term, New York county. Action by Lucia Cohen against Abraham Cohen for divorce. From an order reversing the taxation of costs by the clerk, who disallowed the item contained in plaintiff’s bill of costs of $30 for trial of an issue of fact, and $15 for proceedings after notice and before trial, and allowing such items, defendant appeals.
1Per curiam
By section 3251 of the Code, a trial fee is allowed for the trial of an issue either of law or fact By section 964, an issue of law or fact can only arise where an answer, demurrer, or reply has been served. There being no answer, demurrer, or reply, no issue of law or fact was joined in this case. The application to the court was a mere application for judgment, and the court simply took proof to determine whether the plaintiff was entitled to judgment.
*388The plaintiff is not entitled to tax a trial fee or costs after ■notice of trial, no such notice being necessary or proper in the progress of…
2Cited by6 opinions
- Boggess v. BuxtonWest Virginia Supreme Court · 1910
- State ex rel. Buttz v. LiudahlNorth Dakota Supreme Court · 1902
- Kelley v. KelleyNew York Supreme Court · 1924
- In re the Final Accounting of VieuNew York Supreme Court · 1899
- City Tax Lien Co. v. MurrayNew York Supreme Court · 1915
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