Christopher & Tenth Street Railroad v. Twenty-Third Street Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by the Christopher & Tenth Street Railroad Company and another against the Twenty-Third Street Railway Company and another to reform a contract and for an injunction. From an order denying a motion by plaintiffs for an extra allowance of costs the plaintiffs appeal. Affirmed.
1Opinion of the CourtPatterson, J.
The order denying the motion for an extra allowance, and from which thip appeal is taken, recites that the decision of the court below was based upon the sole ground of the lack of power'to grant such an allowance. In this conclusion we think the learned judge was right. An extra allowance of costs must be based upon a sum recovered or claimed, or the value of the subject-matter involved. Section 3253, Code Civil Proc. The inquiry in this action is, what was the subject-matter of the action? It was a suit in equity, brought to reform a contract, and, as incident thereto, praying for an…
2Cases cited4 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Burke v. CandeeNew York Supreme Court · 1872
- Munro v. SmithNew York Supreme Court · 1889
- Williams v. Western Union Telegraph Co.The Superior Court of New York City · 1881
3Cited by1 opinion
- Heert v. CrugerNew York Court of Common Pleas · 1895