Wendell v. Lewis
New York Court of Chancery
This was an application on the part of the complainant for a retaxation of the costs of the defendants. The bill was originally filed against Juliet Lewis and three others, (all of whom claimed an interest in the property of the late Stewart Lewis, which had been purchased by the complainant upon execution,) to set aside certain judgments and conveyances, under which the defendants claimed title to the property, as fraudulent.
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This was an application on the part of the complainant for a retaxation of the costs of the defendants. The bill was originally filed against Juliet Lewis and three others, (all of whom claimed an interest in the property of the late Stewart Lewis, which had been purchased by the complainant upon execution,) to set aside certain judgments and conveyances, under which the defendants claimed title to the property, as fraudulent. Three of the defendants put in a joint answer ; and one of them being in Philadelphia at the time her answer was put in, put the same in separately. The complainant’s…
1Opinion of the Court
The Chancellor.
The question as to the right of the defendants’ solicitor to be allowed for his attendance on the hearing and upon the examination of witnesses, &c. cannot be settled on this application. This is an application to review the decision of the taxing officer upon the ground that he has decided erroneously ; and not a motion for a retaxation upon the ground of a discovery of new evidence in opposition to the claim of the solicitor for the services charged. The solicitor having charged for these services in his bill, and made the usual affidavit, as required by the 130th rule, that…
2Cases cited1 opinion
- Stafford v. BryanNew York Court of Chancery · 1830
3Cited by3 opinions
- Bailey v. McCormickWest Virginia Supreme Court · 1883
- Lindslay v. DeafendorfNew York Supreme Court · 1872
- Moultrie v. HuntNew York Court of Appeals · 1861