De Mott v. Kendrick
New York Supreme Court
Appeal from special term, Onondaga county. Action by William H. DeMott against Francis M. Kendrick for an accounting. Judgment was directed by a referee in favor of defendant. On the 10th of April, 1891, the attorneys for defendant entered judgment and taxed costs without notice to the attorney for plaintiff.
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Appeal from special term, Onondaga county. Action by William H. DeMott against Francis M. Kendrick for an accounting. Judgment was directed by a referee in favor of defendant. On the 10th of April, 1891, the attorneys for defendant entered judgment and taxed costs without notice to the attorney for plaintiff. On the same day they served upon plaintiff’s attorney a copy of such judgment, with a notice of the entry thereof, and their bill of costs, with a notice that the same would be readjusted by the clerk of Oneida county on the 13th day of April, 1891, at 2 o’clock P. m. Ho other notice of…
1Dissent
Merwin, J.,
(dissenting.) I am inclined to the opinion that the order in this case should be affirmed. The judgment sought to be appealed from was, at its entry, a complete judgment. The costs had been taxed, as the party had a right to have them taxed, under section 3264 of the Code. That section provided for a retaxation, and then provided that “any sum deducted upon a relaxation must be credited upon the execution, or other mandate issued to enforce the judgment.” So that apparently the judgment in form remained as entered, but could be enforced only for the proper amount. Ho modification…
2Cases cited2 opinions
- Wilson v. . PalmerNew York Court of Appeals · 1878
- Yates v. . BurchNew York Court of Appeals · 1882