Colby v. Town of Day
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Day, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Saratoga on the 27th day of November, 1901, upon the decision of the court rendered after a trial before the court without a jury at the Saratoga Trial Term, with notice of an intention to bring up for review upon such appeal an order granting the plaintiffs an extra allowance of costs.
1Opinion of the Court
Smith, J.:
The judgment appealed from was entered upon the decision of the court without a jury. That decision contains specific findings of fact. It contains but one conclusion of law, to wit, that the plaintiff’s were entitled to judgment against the defendant for the sum of $3,000, with interest thereon from September 5, 1899, besides costs and an additional allowance of five per cent granted upon the subject-matter of said action to be taxed in accordance with the rules and practice of this court. To that decision a general exception was filed, in which the defendant excepted.-to the…
2Cases cited9 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- Drake v. . New York Iron MineNew York Court of Appeals · 1898
- Bell v. Town of EsopusNew York Supreme Court · 1867
- People ex rel. Jonas v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- Holroyd v. Town of Indian LakeAppellate Division of the Supreme Court of the State of New York · 1903
5 more not listed; retrieve them via the Exa API.