Kennedy v. Wood
New York Supreme Court
Appeal from special term, Rensselaer county. Application by William S. Kennedy, as receiver, for a postponement of the trial of a cause against Jacob C. Wood and others. Code Civil Proc.
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Appeal from special term, Rensselaer county. Application by William S. Kennedy, as receiver, for a postponement of the trial of a cause against Jacob C. Wood and others. Code Civil Proc. N. T. § 3255, providing for costs upon adjournment of trial, recites: “Where an application is made to a court or a referee to adjourn a trial, the payment to the adverse party of a sum not exceeding ten dollars, * * * besides the fees of his witnesses, and other taxable disbursements, already made or" incurred, which are rendered ineffectual by the adjournment, may be required as a condition of granting the…
1Opinion of the CourtLearned, P. J.
We are of the opinion that section 3255 of the Code of
Civil Procedure limits the power of the court, on adjourning a trial, to requiring, as a condition, the payment of $10 costs, the fees of witnesses and taxable disbursements rendered ineffectual by the adjournment. See Hall v. Dwinell, 10 Wend. 628; Noxon v. Bentley, 6 How, Pr. 418; Hand v. Burrows, 15 Hun, 481. The sum imposed in this case was $50 for costs and expenses in preparing for trial. We cannot construe this as meaning $10 costs,-and $40 witnesses’ fees and taxable disbursements. That is plainly not the meaning. And we think that…
2Cases cited1 opinion
- Hall v. DwinellNew York Supreme Court · 1834
3Cited by5 opinions
- Kingman v. DunspaughAppellate Division of the Supreme Court of the State of New York · 1897
- Lawson v. HillNew York Supreme Court · 1892
- Lyntz v. FletcherAppellate Division of the Supreme Court of the State of New York · 1898
- Perkins v. WhitneyNew York Supreme Court · 1890
- Stores v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1949