Same v. Same
The Superior Court of New York City
Motion for the re-taxation of costs. The court, on appeal, having reversed an order made at a special term, with costs of the appeal, and costs of opposing the motion below, the defendant made out a bill of his costs, and gave notice to the plaintiff of the presentment thereof to the clerk of the court for adjustment. Both plaintiff and defendant appeared before the clerk, and the plaintiff objected to several items of the bill, which were stricken out hy the clerk.
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Motion for the re-taxation of costs. The court, on appeal, having reversed an order made at a special term, with costs of the appeal, and costs of opposing the motion below, the defendant made out a bill of his costs, and gave notice to the plaintiff of the presentment thereof to the clerk of the court for adjustment. Both plaintiff and defendant appeared before the clerk, and the plaintiff objected to several items of the bill, which were stricken out hy the clerk. Of the items thus stricken out, six were for the costs and disbursements on the appeal to the general term, from the judgment in…
1Opinion of the CourtJones, J.
The defendant is not in a position, at present, to tax his 'costs. The action is still pending, no determination of it having yet been made. A new trial has been granted to the plaintiff, and she may bring the cause on for trial. The order which she obtained, discontinuing the action without costs having been vacated, the action stands in the same position as it did before that order was made.
These 'remarks apply to all the items of the bill, except the costs given by the last general term 'order. As to these costs, however, they are interlocutory; and' until a determination of the action,…
2Cases cited2 opinions
- Nellis v. De ForrestNew York Supreme Court · 1852
- Savage v. DarrowNew York Supreme Court · 1849