McDermott v. Yvelin
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by James W. McDermott and another against Cordelia E. Yvelin. From an order denying a motion for retaxation of costs, defendant appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
The issues in this action were sent to a referee, who made a report in favor of the plaintiffs, upon which judgment was entered on the 19th of December, and the costs taxed, without notice to the defendant, at $807.99; and on the same day a copy of the judgment, with notice of entry, and a copy of the bill of costs, were served on the attorneys for the defendant, with notice of retaxation for December 21st. On the 20th of December the defendant served an undertaking on appeal from the judgment, and on the 21st the retaxation was adjourned until the following day, when the costs were retaxed…
2Cases cited1 opinion
- Stevens v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1890