People ex rel. Stilwell v. New York Produce Exchange
New York Supreme Court
An application for a peremptory mandamus having been denied, the counsel for the respondent moved for an extra allowance and for costs as in an action. The motion was denied, the facts further appearing in the opinion. W. R. Foster, Jr. (Foster & Wentworth), for respondent, for the motion.
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An application for a peremptory mandamus having been denied, the counsel for the respondent moved for an extra allowance and for costs as in an action. The motion was denied, the facts further appearing in the opinion. W. R. Foster, Jr. (Foster & Wentworth), for respondent, for the motion. Under section 2086 of the Code, when a peremptory mandamus is denied, fifty dollars costs and disbursements should be granted, together with an extra allowance, as in an action, to be computed on the basis of the value of the property in controversy.
1Opinion of the CourtLawrence, J.
This was an application for a peremptory mandamus in the first instance. Section 2086 of the Code of Civil Procedure provides that, “ where an alternative mandamus has been issued, costs may be awarded as in an action, except that upon making a final order- the costs are in the discretion of the court. Where a peremptory mandamus is granted without a previous alternative mandamus, costs not exceeding fifty dollars, and disbursements may be awarded to either party, as upon a motion.” It will be observed that this section does not refer to costs in cases in which, as in the case under…
2Cited by1 opinion
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