Malam v. Simpson
New York Supreme Court
Motion for readjustment of costs. The facts appear in the opinion.
1Opinion of the CourtBarnard, J.
—The question presented for consideration is, whether a term-fee of $10 can be taxed for every term that amotion for a new trial on a case is on the special-term calendar, and not necessarily reached or postponed.
In the case of the Mechanics’ Banking Association (10 How. , Pr., 400), the general term of the Superior Court decided the question in the affirmative, and even went to the length of holding that a trial-fee was taxable.
In the case of Moore a. Cockroft (9 How. Pr., 479), the general term of the Supreme Court (second district) also decided the question in the affirmative, but held…
2Cases cited2 opinions
- Jackett v. JuddNew York Supreme Court · 1859
- Moore v. CockroftNew York Supreme Court · 1854
3Cited by1 opinion
- People on rel. Ritterman v. KellyThe Superior Court of New York City · 1866