Boynton v. Dormott
New York Supreme Court
. Costs.-—This cause was noticed for trial at the last Essex circuit, and the trial was put over the circuit on the Defendant’s application, upon .payment of costs.
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. Costs.-—This cause was noticed for trial at the last Essex circuit, and the trial was put over the circuit on the Defendant’s application, upon .payment of costs. The Plaintiff’s attorney inserted in his bill, among other things, the following items: Notice of trial and inquest, 25; copy and service, 25, . .50 Proof of service, 50; note of issue, 25, ... .75 Clerk filing, 6 ; entering cause on calendar, 25, . . .31 Sheriff’s and clerk’s fees,......1.00 Proof of attendance of witnesses, 50; oath, 12 1-2, . .62 1-2 Attorney and counsel attending prepared to try, . . 6.00 Opposing motion to…
1Opinion of the Court
Willard, Justice.
The fee bill does not give any thing for notice of trial and inquest, in addition to the copy and service, but it allows 25 cents only for “ every notice, copy, and service thereof.” (2 R. S. 725, 3d ed.) The proof of service of notice of trial is unnecessary. The Plaintiff moves the trial at the circuit at his peril, and the presiding judge is governed by the calendar. No evidence that the cause has been noticed for trial is required. The clerk is not entitled to any thing for filing a note of issue as a distinct charge. It is embraced in the 25 cents allowed Mm for every…
2Cases cited2 opinions
- Wilson v. WhiteNew York Supreme Court · 1829
- Lamb v. CoeNew York Supreme Court · 1838