Ogdensburgh & Lake Champlain Railroad v. Vermont & Canada Railroad
New York Court of Appeals
This was a motion to dismiss an appeal from a judgment of the General Term in the third department, affirming a judgment of Special Term in favor of plaintiffs, entered upon an order sustaining- defendant’s demurrer to the complaint, and also to dismiss an appeal from order of said General Term, affirming an order of Special Term granting an extra allowance of $4,000 to defendant Schrier.
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This was a motion to dismiss an appeal from a judgment of the General Term in the third department, affirming a judgment of Special Term in favor of plaintiffs, entered upon an order sustaining- defendant’s demurrer to the complaint, and also to dismiss an appeal from order of said General Term, affirming an order of Special Term granting an extra allowance of $4,000 to defendant Schrier. (Reported below, 4 Hun, 712; 6 T. & 0., 488.) This action was brought to determine the validity of a lease of its railroad executed by the plaintiff to defendants others than Schrier, who was in charge of…
1Opinion of the Court
Eakl, J. '
The defendant Schrier moves to dismiss the % appeal of the plaintiff from the order of the General Term affirming- the order of the Special Term, granting him an extra allowance of costs, 'upon the ground that the order involved matter of discretion only in the court below, and was not, therefore, appealable.
The Code (§ 309) provides that “ in difficult and extraordinary cases, where a defence has been interposed, or in such *179cases where a trial has been liad,” the court may “ in its discretion, make a further allowance to any party, not exceeding five per cent upon the amount of the…
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- People v. Genesee Valley Canal RailroadNew York Supreme Court · 1883
- People v. SchmidingerAppellate Division of the Supreme Court of the State of New York · 2019
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