Pike v. Nash
New York Supreme Court
Motion for retaxation of costs. The cause was noticed for trial by both sides, at the September circuit, 1856, in Washington county. The action involved the examination of a long account, and was clearly referable. The defendant’s attorney wrote to plaintiff’s attorney, two or three weeks before the trial, proposing to refer the cause, but received no answer, and again drew his attention to it orally.
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Motion for retaxation of costs. The cause was noticed for trial by both sides, at the September circuit, 1856, in Washington county. The action involved the examination of a long account, and was clearly referable. The defendant’s attorney wrote to plaintiff’s attorney, two or three weeks before the trial, proposing to refer the cause, but received no answer, and again drew his attention to it orally. The plaintiff’s attorney, though not absolutely dedining, did not absolutely consent, and defendant’s attorney served notice of motion to refer, on the Saturday preceding the circuit, on Tuesday…
1Opinion of the Court
C. L. Allen, Justice.
The clerk was right in refusing to allow for the witnesses’ fees at the circuit in September, 1856. The plaintiff’s attorney knew that according to the course and practice of the court, the cause would be referred. The attorney for defendants, swears that he wrote to the plaintiff’s attorney, on the 9th of September, about a fortnight before the circuit, proposing to refer, to which he received no answer; that afterwards, before serving the notice of motion, he saw the plaintiff’s attorney, and stated to him, that the issues were such, that the court would probably refer…
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- Smith v. HuttonNew York Supreme Court · 1909
- Ahrens v. ColemanCity of New York Municipal Court · 1910
- Kohn v. Manhattan Railway Co.The Superior Court of New York City · 1894
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