Adams v. . Arkenburgh
New York Court of Appeals
Appeal from order of the General Term of the Supreme' Court in the third judicial department, made November 24, 1886, which reversed, “upon questions of law and not upon a review of the discretion ” of the court, an order of Special Term granting to defendants an extra allowance of costs.- The facts material to the questions discussed are stated in the opinion.
1Opinion of the CourtDanfoeth, J.
As appears from the recitals in the order appealed from, the order of the Special Term was reversed upon questions of law and not upon a review of the discretion of the judge by whose directions the order for an extra allowance of costs was given. It is to be conceded that if the subject-matter of the litigation has no pecuniary value, or if its value is not shown, such allowance is not authorized (Conaughty v. Saratoga Co. Bank, 92 N. Y. 401), for under the Code (§ 3253), it is, if allowed, to be computed upon the sum recovered or claimed, or upon the value of the subject-matter involved.…
2Cases cited3 opinions
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Struthers v. . PearceNew York Court of Appeals · 1873
- Weaver v. . ElyNew York Court of Appeals · 1880
3Cited by4 opinions
- Doremus v. DoremusNew York Supreme Court · 1892
- Sharp v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
- Proctor v. SoulierAppellate Division of the Supreme Court of the State of New York · 1896
- Dr. Jaeger's Sanitary Woolen System Co. v. Le BoutillierNew York Supreme Court · 1892