Mayham v. Allen
New York Supreme Court
Appeal from court of sessions, Saratoga county. Bastardy proceedings against Ira H. Allen, who appeals from an order of the court of sessions taxing his costs on his acquittal.
1Opinion of the CourtLearned, P. J.
“ The court must award costs to the party in whose favor an appeal is determined.” Grim. Code, § 873. Costs are not defined in this-Code, probably because in most matters treated of there are no costs. Bastardy proceedings are the exception. By section 850, Grim. Code, the justices are in a certain case to certify the reasonable costs. It would seem that these costs included an attorney’s fees. Neary v. Robinson, 98 N. Y. 81. In Su*101perintendents v. Moore, 12 Wend. 273, similar language in the Revised Statute was held to mean taxable costs. We think that is the proper meaning here. What, then,…
2Cases cited3 opinions
- Neary v. . RobinsonNew York Court of Appeals · 1885
- Rivenburgh v. HennessNew York Supreme Court · 1871
- Superintendents of the Poor of the Ontario v. MooreNew York Supreme Court · 1835
3Cited by1 opinion
- Commissioner of Public Welfare v. FaganAppellate Division of the Supreme Court of the State of New York · 1940