Place v. Butternuts Woolen & Cotton Manufacturing Co.
New York Supreme Court
Motion by defendants to strike out costs. The clerk of Otsego county allowed on the adjustment of costs ten dollars term fee for the term at which the cause was argued in the supreme court, general term. Also ten dollars term fees for term at which the cause was argued in the court of appeals, and included the same in the judgment in favor of plaintiff.
1Opinion of the CourtCampbell, J.
This cause having been appealed from the county court to the supreme court, and from the supreme court to the court of appeals, a question arose before the clerk on the taxation of the costs as to the term fees. The clerk taxed a term fee of ten dollars for the term of the supreme court at which the cause was heard or tried, and the same fee for the term of the court of appeals at which the cause was heard or tried in that court. Were these fees taxable under subdivision 1, of section 301 of the Code ? The subdivision is in these words : “ To either party, for every circuit or term not…
2Cited by5 opinions
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