In re Owens
New York Court of Common Pleas
Proceeding to inquire into the alleged lunacy of one Owens. Motion for retaxation of costs. Denied.
1Opinion of the CourtDaly, C. J.
Appeal from taxation of costs by clerk, allowing party $20 on application for judgment on special verdict before argument, and $40 for argument. Proceeding to traverse inquisition of lunacy. Issues were framed and submitted to a jury, and verdict rendered thereon. The Code allows the costs as taxed where there has been a special verdict and judgment thereon; and it defines a special verdict to be one by which the jury finds the facts only, leaving the court to determine which party is entitled to judgment thereon. Code Civ. Proc. § 1186. This was such a case, fo7' the whole issue of facts…
2Cited by1 opinion
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