Toch v. Toch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Serena Toch, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the cleric of the county of Hew York on the 3d day of July, 1896, nxmo fro intnc as of the 12th day of June, 1896, granting the defendant Maximilian Toch an extra allowance of costs.
1Opinion of the Court
Patterson, J.:
' The order appealed from, granting a motion for an extra allowance in a partition suit, was made at the Special Term. There had been no hearing of the cause, but issues had been joined and the-cause put upon the calendar for jury trials. The complaint was dismissed by the justice at the Trial Term. Ho application for an extra allowance was made to him.
In no aspect of the subject was the moving party, the respondent, in titled to the order made. Pule 45 of the General. Pules of Practice expressly provides that all applications of this character " can only ” be made to the court…
2Cited by3 opinions
- Tracy v. FalveyAppellate Division of the Supreme Court of the State of New York · 1905
- Moskowitz v. HornbergerAppellate Terms of the Supreme Court of New York · 1897
- Toch v. TochAppellate Division of the Supreme Court of the State of New York · 1896