Toll v. Thomas
New York Supreme Court
Motion for re-adjustment of costs. The bills in all the cases were adjusted together, and consisted principally of several items. The counsel for defendants objected to the allowance of the items for calendar or term fees, in each case, upon the ground that it did not appear that said causes were, either of them, necessarily on the calendar of the term for which they are severally charged, and not reached or postponed.
Read the full summary
Motion for re-adjustment of costs. The bills in all the cases were adjusted together, and consisted principally of several items. The counsel for defendants objected to the allowance of the items for calendar or term fees, in each case, upon the ground that it did not appear that said causes were, either of them, necessarily on the calendar of the term for which they are severally charged, and not reached or postponed. And also to the allowance in each case of the items for certified copy orders, on the ground-that they were not a proper or allowable item of disbursements. The counsel further…
1Opinion of the Court
C. L. Allen, Justice.
That part of the motion which moves to set aside the judgments, cannot be granted. If the costs have been improperly adjusted, the court will order a re-adjustment and direct the amount, if less than at the first adjustment, to be deducted from the judgment, or from the execution, if any have been issued, allowing the judgments to stand.
*318In the present case, the objection to the allowance for calendar or term fee, does not seem to have been well taken. One of the attorneys for plaintiff, swears that the actions were all referred by consent of parties, and that the costs of…
2Cases cited2 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Willink v. ReceleNew York Supreme Court · 1837
3Cited by2 opinions
- Haseltine v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1890
- Lott v. KrakauerNew York Marine Court · 1878