Legal Opinion

Rochester City Bank v. Rapelje

New York Supreme Court

Decided December 15, 1855PublishedCited by 1 opinion

Appeal from order of special term denying motion for re-adjustment of costs. The complaint wras on a promissory note, made by the defendants, to which the defendants demurred. The demurrer was noticed as frivolous before a justice of this court, under § 247 of the Code, and was held to be frivolous, and judgment was given under that section for the plaintiff, nothing being said in the order about costs.

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Appeal from order of special term denying motion for re-adjustment of costs. The complaint wras on a promissory note, made by the defendants, to which the defendants demurred. The demurrer was noticed as frivolous before a justice of this court, under § 247 of the Code, and was held to be frivolous, and judgment was given under that section for the plaintiff, nothing being said in the order about costs. The plaintiff thereupon perfected judgment, had his costs adjusted by the clerk of Monroe county, in which he charged and was allowed for proceedings, after notice of trial, as follows :— For…

1Opinion of the Court

By the court—Welles, Justice.

“If a demurrer, answer, or reply be frivolous, the party prejudiced thereby, upon a previous notice of five days, may apply to a judge of the court, either in or out of the court, for judgment thereon, and judgment may be given accordingly.” (Code, § 247.)

' Subdivision 3 of § 307, gives to the party entitled to recover costs, “ for the trial of issues of law, if separate from the issues of fact, to the plaintiff, $15; to the defendant, $12.”

An issue of law arises upon a demurrer to the complaint, answer, or reply, or to some part thereof. (§ 249.)

A trial is…

2Cited by1 opinion

  1. Bernhard v. KappNew York Court of Common Pleas · 1871

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