Lawson v. Hill
New York Supreme Court
Appeal from special term, Oneida county. Action by Henry M. Lawson against J ames Hill and others. Prom an order denying a motion to review the taxation of costs under an order adjourning the cause until a subsequent term, defendants appeal. Reversed.
Read the full summary
Appeal from special term, Oneida county. Action by Henry M. Lawson against J ames Hill and others. Prom an order denying a motion to review the taxation of costs under an order adjourning the cause until a subsequent term, defendants appeal. Reversed. At the circuit it was ordered “that this case go over this term, and that defendants pay plaintiff or his attorneys term fee, and all fees of witnesses subpoenaed to attend this term by or on behalf of plaintiff, and all taxable disbursements of this term, and that such costs and disbursements be so paid within ten days from taxation or…
1Opinion of the CourtMartin, J.
This court held, in the case of Inderlied v. Whaley, (Sup.) 7 N. Y. Supp. 74, that, where the costs of a term were required to be paid by an order postponing a trial, the disbursements rendered ineffectual by such postponement, including witness fees paid for the term, which could not be recovered back, were a part of such costs. It was also held that, to authorize an allowance for witness fees in such a case, the affidavit used before the taxing officer must show the residence of each witness, the distance traveled, that the party claiming them had paid or was liable for such fees, and that…
2Cases cited2 opinions
- Kennedy v. WoodNew York Supreme Court · 1889
- Inderlied v. WhaleyNew York Supreme Court · 1889