Wolff v. Moses
New York Supreme Court
Motion by the plaintiffs at Special Term for au order directing the clerk of the court to tax their costs and disbursements and overruling the objections of the defendant to the taxation thereof which were sustained by the clerk and duly excepted to by the plaintiffs. The facts of the case, so far as they are material, are stated in the opinion.
1Opinion of the CourtBeekman, J.
This was an action of replevin. The property was taken under the writ and delivered to the plaintiffs. It was never rebonded, but continued in plaintiffs’ possession down to the time of the trial. The trial resulted in a verdict in favor of the plaintiffs, which was rendered in the following form: “ For the possession of two horses mentioned in the complaint.” Mo damages were awarded to the plaintiffs, nor was the value of the horses *501assessed by the jury. The plaintiffs thereupon gave notice of taxation of costs. The clerk refused to tax any costs, on the ground that, the value of the…
2Cited by3 opinions
- Flagg v. Columbia CountyOregon Supreme Court · 1908
- Miller v. LuceyAppellate Division of the Supreme Court of the State of New York · 1928
- Steiner v. HelfrichCity of New York Municipal Court · 1934