O'Rourke v. Degnon Realty & Terminal Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Degnon Realty and Terminal Improvement Company, 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 Queens on the 1st day of April, 1910.
1Opinion of the Court
Woodward, J.:
This is an appeal from an order granting a motion by the plaintiff to retax her bill of costs. It' is the contention of the plaintiff that she should have been allowed the sum of fourteen dollars and fifty-six cents by the county clerk, in addition to the sum taxed as costs; as daily traveling expenses incurred by witnesses in going to and from the place of trial. In his opinion on granting the motion to add .to the bill of costs the amount of the daily mileage of witnesses, the justice at Special Term says: “I have considered that the better construction of an ambiguously…
2Cases cited2 opinions
- Moulton v. TownsendNew York Supreme Court · 1857
- Miller v. HuntingtonNew York Supreme Court · 1845
3Cited by5 opinions
- Burtenshaw v. Bountiful Irr. Co.Utah Supreme Court · 1936
- People ex rel. Envoy Apartments, Inc. v. MillerNew York Supreme Court · 1937
- Davis v. McDanielCivil Court of the City of New York · 1969
- Booth v. H. S. Kerbaugh, Inc.New York Supreme Court · 1913
- O'Rourke v. Degnon Realty & Terminal Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1911