Bermont v. Serge Elevator Co.

Plaintiff failed to appear upon the call of the trial calendar and upon defendant’s motion in open court at that time the action was dismissed. The question for determination is whether defendant should be permitted to tax $30 costs, pursuant to paragraph j of subdivision 3 of section 1504 of the Civil Practice Act, which reads in part: “ For the trial of an issue of fact, thirty dollars ”. “ Trial ” is defined in all standard legal dictionaries as an examination before a com-*826potent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of…