Steward v. Lamoreaux
New York Supreme Court
This action was commenced by the service of the summons and complaint on the defendants (of whom there were three), on March 14,1857. There was no answer, or appearance, by either of the defendants.
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This action was commenced by the service of the summons and complaint on the defendants (of whom there were three), on March 14,1857. There was no answer, or appearance, by either of the defendants. The time to answer the complaint expired, as to all the defendants, on April 3,1857. The costs were taxed and judgment entered in Wayne county clerk’s office on May 14,1857. The clerk taxed ten dollars for all proceedings before notice of trial, and four dollars for two additional defendants, under section 307 of the Code, as amended by the act of April 17, 1857 (2 Laws of 1857, 551, ch. 723, §…
1Opinion of the CourtE. Darwin Smith, J.
The right to costs, as to the recovery of the same, and as to their rate and amount, and as to the items to be allowed, are to be controlled by the statutes in force at the time of the taxation, that being the time at which the right to *16costs accrues. The costs in this case were, therefore, rightfully taxed at ten-dollars for all proceedings before notice'of trial, and four dollars for the two additional defendants.
The motion must be denied.
2Cited by2 opinions
- In re the Estate of CunninghamNew York Surrogate's Court · 1914
- In re SextonNew York Surrogate's Court · 1882