Lawson v. Speer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William McMurtrie Speer, from an order of the County Court of Rockland county, entered in the office of the clerk of the county of Rockland on the 14th day of August, 1903, denying the defendant’s motion for a retaxation of costs.
1Opinion of the Court
Willard Bartlett, J. :
Objection is made to the order brought up for review, on the ground that it is a judge’s order instead of a court order' as it is required to be by section 3265 of the Code of Civil Procedure. We think, however, that it may be regarded as an order of the County Court, notwithstanding the absence of a caption. The notice of motion shows that the application was made to the County Court, the order recites the .motion as having been made to that tribunal, and the indorsement upon the order shovrs that it was entered in the clerk’s office. These circumstances justify us in…
2Cases cited3 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Fowler v. DearingAppellate Division of the Supreme Court of the State of New York · 1896
- Watson v. BenzNew York Supreme Court · 1890
3Cited by2 opinions
- Frisch v. DussaultAppellate Division of the Supreme Court of the State of New York · 1915
- Hinely v. WilsonSupreme Court of Florida · 1926