Finck v. Stachelberg
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. An action by Robert N. Finck, as administrator, etc., against Newton Stachelberg. From an order denying a retaxation of costs, defendant appeals. Order reversed and retaxation ordered.
1Opinion of the CourtBischoff, J.
This action was brought to trial as a short cause at plaintiff’s instance, over defendant’s opposition, and, for failure to complete the trial within the time limited for short causes, a mistrial resulted. Subsequently, the cause coming on regularly for trial, the plaintiff prevailed, and upon this appeal the propriety of the taxation of a trial fee and disbursements for jury fees upon the first and abortive trial is brought into question.
By close analogy to cases where a mistrial has resulted from the withdrawal of a juror, a trial fee may be taxed by the party brought *21into court, and…
2Cases cited2 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
3Cited by2 opinions
- Browning v. BrokawAppellate Division of the Supreme Court of the State of New York · 1906
- Wheat v. Van Dyne Oil Co.New York Supreme Court · 1941