Mersereau v. Ryerss
New York Supreme Court
The plaintiff obtained a report in this action before a referee against the defendant, which stated there was due the plaintiff from John P. Ryerss, deceased, the sum of $1,329.20, besides costs.
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The plaintiff obtained a report in this action before a referee against the defendant, which stated there was due the plaintiff from John P. Ryerss, deceased, the sum of $1,329.20, besides costs. There was no other allusion to the question of costs in the report; and the referee made no certificate showing that the defendant was liable, under the statute, to pay costs; and no application has been made to the court, for leave to enter judgment against the defendant for the ordinary taxable costs in the action. It appears, from the affidavits presented to the court, that the plaintiff claimed…
1Opinion of the Court
Balcom, Justice.
The motion for extra costs in this action is based on the assumption, that the referee had the right, under § 272 of the amended Code, to award costs to the plaintiff; and that the report would authorize the plaintiff to enter judgment against the defendant for the ordinary taxable costs in the cause, without leave of the court. This position has undoubtedly been taken because this court has held, in actions of an equitable nature, where the whole issue or cause is referred, the referee has the right to decide the question of costs. (Ludington agt. Taft, 10 Barb. R. 448;…
2Cases cited4 opinions
- Winne v. Van SchaickNew York Supreme Court · 1832
- Harvey v. Skillman'sNew York Supreme Court · 1840
- Potter v. EtzNew York Supreme Court · 1830
- Nicholson v. ShowermanNew York Supreme Court · 1831
3Cited by2 opinions
- Gilliland v. CampbellNew York Supreme Court · 1859
- Babbage v. WebsterNew York Supreme Court · 1893