Lawrence v. Smith
New York Supreme Court
Motion by defendants for readjustment of plaintiff’s costs. This action was brought by George H. Lawrence against Frederick Smith and others. It was tried at the circuit before a jury, and the plaintiff had a verdict. The defendants made a case with exceptions, and moved at special term for a new trial, which motion was denied, “ with costs.” The entry of judgment had been stayed until the decision of this motion.
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Motion by defendants for readjustment of plaintiff’s costs. This action was brought by George H. Lawrence against Frederick Smith and others. It was tried at the circuit before a jury, and the plaintiff had a verdict. The defendants made a case with exceptions, and moved at special term for a new trial, which motion was denied, “ with costs.” The entry of judgment had been stayed until the decision of this motion. In adjusting his bill of costs, the plaintiff insisted that he was entitled to the following items, and, against the defendant’s objection, the clerk of Erie county allowed them :…
1Opinion of the Court
By the Court.—Daniels, J.
Held tl\at the plaintiff on the motion for a new trial at the special term was entitled to but $10 motion-costs, as the proceeding was a mere motion, and not embraced within subdivision 5, of .section 307. The court referred to Jackett a. Judd (18 How. Pr., 385), as being decisive of the question involved in this case; and held that the amendment of 1864, by the substitution of the word “or,” in the place of “ as;” so that it should read “ or for a new trial, on a case made,” instead of “ as for a new trial, on a case made,” did not vary the rule as to the amount of…
2Cases cited1 opinion
- Jackett v. JuddNew York Supreme Court · 1859