Sebley v. Nichols
New York Supreme Court
This was an appeal from, an order denying a motion to strike out of the costs an expense or disbursement of twenty dollars paid for copy stenographer’s notes of trial of the cause, which was taxed by the clerk on adjustment of costs of general term. The action was tried at circuit—verdict was for the plaintiff. The defendant appealed to the general term and served a proposed case.
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This was an appeal from, an order denying a motion to strike out of the costs an expense or disbursement of twenty dollars paid for copy stenographer’s notes of trial of the cause, which was taxed by the clerk on adjustment of costs of general term. The action was tried at circuit—verdict was for the plaintiff. The defendant appealed to the general term and served a proposed case. The affidavit of Mr. Brown shows, that in order to draw the proposed amendments it became necessary to have a copy of the stenographer’s notes, which was produced, and twenty dollars (ten cents per folio) paid…
1Opinion of the Court
By the court, Clerke, J.
I think that whatever conduces ■ to the better prosecution of the controversy is necessary. "What prudence dictates is necessary ; without it the interests of the party would be unsafe.
Order of special term affirmed.
Barnard, J., concurred.
2Cited by9 opinions
- Ridabock v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Adams v. New York, Lake Erie & W. R. R. Co.New York Supreme Court · 1888
- Park v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Whitney v. RoeNew York Supreme Court · 1894
- Zelmanovitz v. Manhattan Railway Co.New York Court of Common Pleas · 1891
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