Legal Opinion

Finck v. Stachelberg

Appellate Terms of the Supreme Court of New York

Decided December 23, 1903PublishedCited by 2 opinions

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

  1. Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
  2. Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879

3Cited by2 opinions

  1. Browning v. BrokawAppellate Division of the Supreme Court of the State of New York · 1906
  2. Wheat v. Van Dyne Oil Co.New York Supreme Court · 1941

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