Dewey v. Stewart & Blakeney
The Superior Court of New York City
In this case the plaintiff brought on his cause at the trial term, and on a motion for a non suit was permitted to withdraw a juror and move to amend his complaint on payment ' of the defendants’ costs of the term. In making up their costs of the term, the defendants claimed seven dollars for their costs subsequent to the notice of trial and before trial, and twelve .dollars for the trial.
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In this case the plaintiff brought on his cause at the trial term, and on a motion for a non suit was permitted to withdraw a juror and move to amend his complaint on payment ' of the defendants’ costs of the term. In making up their costs of the term, the defendants claimed seven dollars for their costs subsequent to the notice of trial and before trial, and twelve .dollars for the trial. The clerk disallowed the former, and for the latter allowed ten dollars only, as the fee for a term at which the cause is on the calendar and is postponed. The defendants moved to correct the clerk’s…
1Opinion of the CourtSandfokd, Justice
with the concurrence of all the Justices). As to the trial fee, it ought to be adjusted at twelve dollars. There was a trial, and the plaintiff virtually failed in his suit. As a favor, he was relieved on terms, instead of having his complaint dismissed.
The fee of seven dollars is provided as a compensation for the attorney’s services intermediate the notice of trial and the trial, such as the subpoenas and tickets, their service and procuring the attendance of witnesses, as well as the brief for counsel, and on the part of the plaintiff, the copy of the pleadings for the court. The latter,…
2Cited by3 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Mora v. Great Western InsuranceThe Superior Court of New York City · 1863
- Holloway v. FrensdorfAppellate Division of the Supreme Court of the State of New York · 1918