Crawford v. Kelly
The Superior Court of New York City
This was an appeal from an order made by the Chief Justice, directing a readjustment of the defendant’s costs as taxed by the Clerk. The facts admitted on the hearing at the Special Term, and for the purposes of this appeal reduced to writing, and agreed to by the respective parties, were as follows: 1st. This action was first placed upon the trial calendar of this Court for February Term, 1862. 2d.
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This was an appeal from an order made by the Chief Justice, directing a readjustment of the defendant’s costs as taxed by the Clerk. The facts admitted on the hearing at the Special Term, and for the purposes of this appeal reduced to writing, and agreed to by the respective parties, were as follows: 1st. This action was first placed upon the trial calendar of this Court for February Term, 1862. 2d. On the 21st day of March, 1862, the cause was upon the day calendar of the Court, was called, and on consent of both parties, reserved generally by the Court. 3d. The cause continued reserved…
1Opinion of the Court
By the Court — Moncrief, J.
It seems to me that the case agreed upon for the purposes of this appeal by the counsel for the respective parties, plainly is not the case heard by the learned Chief Justice at the Special Term.
*699Fact “second," as agreed upon, presents au action upon the day calendar, of the 21st March, 1862, for trial, which, upon being called, on consent of both parties, was reserved generally by the Court.
The fact presented to the learned Chief Justice at the Special Term, differs most essentially from this. The order appealed from, recites: “It appearing that, during tioo of the…
2Cited by2 opinions
- Pitt v. DavisonNew York Supreme Court · 1868
- Pitt v. DavisonNew York Court of Appeals · 1867