Wilson v. White
New York Supreme Court
Motion for re-taxation of costs. An attorney’s fee was allowed by the commissioner on hearing before referees, at the day for which the same was noticed, and at an adjourned meeting ; and the same fee was taxed for three terms, when the cause was noticed for argument on a motion by the defendant to set aside the report of the referees. It appeared that the attorney had not in fact attended either at the hearing before the referees or at term, but counsel had attended.
1Opinion of the Court
By the Court, Marcy, J.'
In the fee bill, the allowance to counsel is for the trial of a cause, or arguing a demurrer, or a special verdict, or case, or in error, or attending prepared for such trial or argument in pursuance of notice. The same sum is allowed to the attorney for arguing demurrer, special verdict, case, or in error. The alternative of attending prepared, however, is omitted, and probably because it would have been tautologous. The only question is, whether the charge should be made when the attorney does not in fact attend. The court are of opinion that it may be made. The fee…
2Cited by8 opinions
- Territory ex rel. Tanner v. PottsMontana Supreme Court · 1879
- Lamb v. CoeNew York Supreme Court · 1838
- Boynton v. DormottNew York Supreme Court · 1848
- Child v. HunterNew York Supreme Court · 1830
- Coleman v. People ex rel. DonelsonColorado Court of Appeals · 1895
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