In re Long
New York Supreme Court
Motion at general term to retax costs on appeal to general term. Application by Edward B. Long and others, as trustees of the village of White Plains, to acquire land for the purpose of sewers. From an intermediate order made by the court at special term in Dutchess county, overruling certain issues raised by land-owner’s answer, after a trial of the issues of fact, the land-owner- appealed to the general term, which affirmed the order, with costs.
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Motion at general term to retax costs on appeal to general term. Application by Edward B. Long and others, as trustees of the village of White Plains, to acquire land for the purpose of sewers. From an intermediate order made by the court at special term in Dutchess county, overruling certain issues raised by land-owner’s answer, after a trial of the issues of fact, the land-owner- appealed to the general term, which affirmed the order, with costs. Costs were taxed by the clerk as on appeal from a judgment, and the land-owner applied at general term for a relaxation, claiming that “motion…
1Opinion of the CourtPratt, J.
We think the costs were properly taxed and must stand. This matter comes under section 3240, Code Civil Proc. There was a trial and questions pf law and fact litigated, and, costs having been allowed as for like services in a civil action, they must stand. Although in the form of an appeal from an order, there were issues tried, and an adjudication had in a special proceeding. Affirmed, with costs. All concur.
2Cited by1 opinion
- In re Lima & H. F. Railway Co.New York Supreme Court · 1893