Hauptman v. Heebner

The plaintiff appeals on the judgment roll alone from a judgment of dismissal with costs and from an order denying his motion to strike the cost bill and to vacate the judgment. The controversy between the parties narrows to the question of the propriety of the award of costs in view of the time when the cost bill was filed.

The facts are these: The defendant appeared in the action and, upon motion, obtained a stay of proceedings. Thereafter the plaintiff gave notice of a voluntary dismissal and requested the clerk to file same “as provided by law”. The clerk filed on July 2, 1938. On November…