Atkinson v. Truesdell
The Superior Court of the City of New York and Buffalo
Appeal from special term. Motion by plaintiff, Joseph Atkinson, to resettle costs of motion for a new trial, made by defendant, Titus B. Truesdell. From an order granting plaintiff’s motion, defendant appeals. For former litigation between same parties, see 6 H. Y. Supp. 509.
1Opinion of the CourtIngraham, J.
The order appealed from resettles an order granted at special term denying defendant’s motion for a new trial on the case, etc., by striking *802out from said order the words “$10, ” leaving in lieu thereof a blank space, wherein the clerk may, after taxation, insert the amount of statutory costs allowed on a motion for a new trial on the case by the Code; and the only papers presented to the court on this appeal is the order of March 29,1889, which recites that a motion was made by defendants for a new trial upon the case herein made and settled, on the ground that the trial court permitted an…
2Cited by1 opinion
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