Jackson ex dem. Pioneer v. Garnsey
New York Supreme Court
At the last August term, application was made, in these causes, for judgment as in case of nonsuit, which was founded on one notice and affidavit, embracing all the causes; and but one motion was made for the whole. This motion was resisted by one set of affidavits, embracing all the causes, and containing the same facts as to all. The motion was denied, with costs, and only one rule entered.
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At the last August term, application was made, in these causes, for judgment as in case of nonsuit, which was founded on one notice and affidavit, embracing all the causes; and but one motion was made for the whole. This motion was resisted by one set of affidavits, embracing all the causes, and containing the same facts as to all. The motion was denied, with costs, and only one rule entered. These costs were taxed at $14,18 in the first, and $8,43 in each of the other causes.
1Opinion of the Court
Curia.
Let the costs be re-taxed ; the whole to be included in one bill, and but one taxation to be charged; the Clerk’s fees to be allowed and included in the bill, according to the rule in Boyce v. Thompson, (20 John. 274.) We allow bút one fee to the attorney, one fee to counsel, and one brief, one copy of costs, one notice of taxation, and one attendance, one service of rule, and one power to demand costs. It is true, that Jackson v. Keller was the case of a motion granted; but the principle is the same, whether the costs be on granting or denying the motion. If it be plain, in either…
2Cases cited1 opinion
- Boyce v. ThompsonNew York Supreme Court · 1822
3Cited by3 opinions
- McCoun v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- McCoun v. New York Central & Hudson River RailroadNew York Court of Appeals · 1872
- Ballou v. SmithSuperior Court of New Hampshire · 1855