Hunt v. Middlebrook
New York Supreme Court
Motion for an extra allowance of costs, or for direction to the clerk as to the adjustment. The action was for the foreclosure of a mortgage, commenced in 1854, referred the same year to a referee for hearing and decision, and heard at intervals of time in the years 1854 and 1855, and the spring of 1857. The referee made his final report in favor of the plaintiff on the 9th day of May, 1857.
1Opinion of the Court
Hubbard, Justice.
I am satisfied that the motion for an extra allowance of costs cannot be granted. Section 308 of the Code, which gave the allowance in actions of this description, *301has been materially changed by the recent amendment made by the legislature, passed April 17, 1857.
By the amendment, no discretion or power was vested in the court concerning extra costs, or rather the authority previously existing was thereby abrogated. As amended, the section defines the particular cases in which an additional compensation to a plaintiff recovering judgment may be allowed, as costs. Those cases…
2Cases cited2 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- People ex rel. Berry v. Herkimer C. P.New York Supreme Court · 1830
3Cited by3 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Warfield v. WatkinsNew York Supreme Court · 1859
- In re SextonNew York Surrogate's Court · 1882