Lain v. Lain
New York Court of Chancery
This was an appeal from so múch of the sentence and decree of the surrogate of the county of Yates as awarded costs to the administrator, to be paid personally by the party who had instituted proceedings against him to compel him to account.
1Opinion of the Court
The Chancellor.
The objection that an appeal does not lie from a decree of a surrogate upon a question of costs merely, is not well taken. Previous to the adoption of the revised statutes, it was an established principle that an appeal would not lie to reverse the decision of the court below upon a question of costs only; where the giving or refusing costs was a matter of discretion merely. And such is still the law in relation to interlocutory costs; but not as to the general costs of the suit. (Winslow v. Collins, 3 Paige’s Rep. 88.) The exceptions to the general rule on this subject, in the…
2Cited by3 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Noyes v. . Children's Aid SocietyNew York Court of Appeals · 1877