Browning v. Brokaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Irving Broka'w, from portions of an order of the Supreme Court, made at the Yew York Special Term bearing date the 16th day of April, 1906, and entered in the office of the clerk of the county of Yew York, directing a retaxation of costs herein.
1Opinion of the Court
Ingraham, J.:
The action was £o recover $350. The plaintiff moved to place the cause upon the special calendar for short causes, which was opposed by the defendant, lint which was granted. After the action had proceeded for nearly two hours, the justice presiding stopped the trial and sent the case back to the general calendar where it was subsequently reached in its regular order and the plaintiff recovered. The plaintiff presented the hill of costs to the clerk for taxation, in which he sought to tax a trial fee of $30, and $15 jury fee for the unfinished trial. These items were stricken out…
2Cases cited2 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Finck v. StachelbergAppellate Terms of the Supreme Court of New York · 1903
3Cited by2 opinions
- Wheat v. Van Dyne Oil Co.New York Supreme Court · 1941
- Dunbar v. IngrahamAppellate Division of the Supreme Court of the State of New York · 1949