In re Low
Appellate Division of the Supreme Court of the State of New York
Appeal by Francis L. Pruyn from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of June, 1915, denying his motion to confirm the report of an official referee.
1Opinion of the Court
Putnam, J.:
Section 62 of the Rapid Transit Act has a proviso for the comptroller’s payment of counsel fees and reasonable expenses incurred by the corporation counsel. “But such fees and expenses shall not be paid until they have been taxed before a justice of the Supreme Court in the judicial district in which said city is situated. ”*
*85Taxation here means an ascertainment and adjustment of a charge. In old English practice, when applied to damages, taxation was cutting down damages by a judge where the jurors had given an excess; so “to tax,” signifies to adjust, adapt, or proportion.…
2Cases cited5 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Steele v. HammondAppellate Division of the Supreme Court of the State of New York · 1910
- Brooklyn Heights Railroad Co. v. . Brooklyn City Rd. Co.New York Court of Appeals · 1909
- In re ToepelMichigan Supreme Court · 1905
3Cited by1 opinion
- Metera v. Foster Paving Block Co.Appellate Division of the Supreme Court of the State of New York · 1915