Legal Opinion

In re Howe

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1901PublishedCited by 3 opinions

Appeal by James R. Howe, register of the county of Kings, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of August, 1901, taxing his fees for making a certain search for William S. Maddox.

1Opinion of the Court

Per Curiam :

Without expression of any opinion as to whether an order made pursuant to the provisions of section 3287 of the Code of Civil Procedure taxing the fees of the register is appealable to this court, we are clear that we cannot entertain this appeal upon the record now before us. The section quoted requires that the register must, upon written demand, cause the fees to be taxed by a justice of the Supreme Court. Before we can in any event review the taxation, the decision of the justice must be embodied in an order made by him as such justice. There is no such order in the record…

2Cases cited2 opinions

  1. In re the Knickerbocker BankNew York Supreme Court · 1855
  2. In re the Taxation of Bills for Services Rendered by the County Clerk of Herkimer County to SnyderAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. In Re the Accounting of Irving Trust Co.New York Court of Appeals · 1941
  2. In re the Estate of AngaricaNew York Surrogate's Court · 1935
  3. In re the Estate of BattellNew York Surrogate's Court · 1940

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