Warren v. . Warren
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 21, 1911, which affirmed an order of Special Term striking out provisions for extra allowances of costs from a judgment in partition. The facts, so far as material, and the questions certified are stated in the .opinion. The court may not, on motion, review its own judgment, or re-exercise its discretionary powers. (CodeCiv.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 21, 1911, which affirmed an order of Special Term striking out provisions for extra allowances of costs from a judgment in partition. The facts, so far as material, and the questions certified are stated in the .opinion. The court may not, on motion, review its own judgment, or re-exercise its discretionary powers. (CodeCiv. Pro. § 8253; Kiernan v. A. Ins. Co., 3 App. Div. 26; Gennert v. Butterick, 133 App. Div. 86.) The allowance made by the court was right…
1Opinion of the CourtWerner, J.
This is an action for partition of real property, in which the court at Special Term fell into the error of granting extra allowances of costs which were so obviously unauthorized that the same court, upon motion of certain defendants who had not answered and had been awarded no costs, vacated its first order and then refused to allow any costs beyond those which were regularly taxable. From the order embodying this latter decision, the attorneys for the plaintiff took an appeal to the Appellate Division where there was an unanimous affirmance, with permission to appeal to this court upon two…
2Cases cited2 opinions
- Doremus v. DoremusNew York Supreme Court · 1892
- Van Meter v. KellyAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by11 opinions
- In re the Estate of WinburnNew York Surrogate's Court · 1936
- City Bank Farmers Trust Co. v. MeynAppellate Division of the Supreme Court of the State of New York · 1942
- Town of Brighton v. Rochester Vulcanite Pavement Co.New York Supreme Court · 1933
- Hine v. LaustererNew York Supreme Court · 1930
- Murray v. HaysUtah Supreme Court · 1917
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