Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clarence G. T. Smith, from an order of the Supreme Court", made atcthe Suffolk Special Term and entered in the office of the clerk of the county of Suffolk on the 11th day of February, 1907, as resettled by an order entered in said clerk’s office on the 6th day of March, 1907, amending an interlocutory judgment in a partition action.
1Opinion of the Court
Miller, J.:
This appeal involves a question of costs in a partition suit. The case was tried before the late Justice Wilmot M. Smith, who made *481a decision containing findings of fact and conclusions of law in which the rights of the respective parties were stated, and a judgment was directed for actual partition, with costs to the plaintiff. Upon this au interlocutory judgment was entered which provided that the plaintiff should have costs and disbursements to be taxed by the clerk. The order appealed from amends this interlocutory judgment so as to award costs to the defendants as well as the…
2Cited by5 opinions
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