People ex rel. Lumley v. Lewis
New York Supreme Court
Motion for re-taxation of costs. The action was mandamus to compel the defendants to open and work a highway. The defendants made a return to the alternative writ, and the relators pleaded to the return. The issues of fact were tried at the circuit, and a verdict rendered, and judgment ordered for a peremptory writ and costs in favor of the relators.
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Motion for re-taxation of costs. The action was mandamus to compel the defendants to open and work a highway. The defendants made a return to the alternative writ, and the relators pleaded to the return. The issues of fact were tried at the circuit, and a verdict rendered, and judgment ordered for a peremptory writ and costs in favor of the relators. For a full statement of the facts, see report of the case on the merits (26 How. 378). The relators’ costs were made up under the fee bill of the Revised Statutes, and were taxed accordingly by the county judge of Otsego county, on the 11th day…
1Opinion of the CourtAllen, J.
The gross amount of costs allowed was very large, and very likely excessive, but of this I cannot speak, for the reason I have not examined and do not propose to examine the bill in detail, But upon a cursory examina*161tion I am inclined to think that many items were erroneously allowed, and other items proper upon the theory upon which the costs were taxed, were taxed at too large an amount. But for this the attorney for the defendants is in a measure responsible, for omitting to object in proper form, and call the taxing officer’s attention to the precise objection, and perhaps if the error of…
2Cases cited22 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Howard v. IngersollSupreme Court of the United States · 1852
- Sheppard v. GravesSupreme Court of the United States · 1853
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Ex parte JenningsNew York Supreme Court · 1826
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3Cited by2 opinions
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Lott v. KrakauerNew York Marine Court · 1878