Ex parte Stewart v. New-York C. P.
New York Supreme Court
The relators commenced a suit by the filing and service of a declaration against one Farmer, took judgment by default, and issued an execution.
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The relators commenced a suit by the filing and service of a declaration against one Farmer, took judgment by default, and issued an execution. Farmer, on an affidavit that the first notice he had of the suit was the service of an execution, obtained an order from the first judge of the C. P. for the plaintiffs to shew cause why the proceedings subsequent to the filing of the declaration should not be set aside; and on the day of shewing cause, the judge being satisfied that a mistake had happened in the service of the declaration, made a final order setting aside the proceedings and…
1Opinion of the Court
By the Court,
Sutherland, J.
The principal question presented is whether a party conducting a suit or defence in the courts of this state inperson, not being an attorney of the court, is entitled to recover costs. The fee-bill seems to make provision only for the services enumerated therein when rendered by the officers of the court, 2 R. S. 622. The fees are given to the officers by name, and not to parties prosecuting or defending suits; and I am therefore of opinion that a party not an attorney, conducting a suit or defence in person, is not entitled to costs. But I concur with the first…
2Cited by7 opinions
- Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
- Kopper v. WillisNew York Court of Common Pleas · 1881
- Ward v. WordsworthNew York Court of Common Pleas · 1852
- Rutherford v. SemenzaCity of New York Municipal Court · 1932
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880
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