Gray v. Schenk
New York Supreme Court
Costs.—In this case the complainant’s solicitor inserted in his bill of costs for taxation, a charge for drawing points for hearing on pleadings and proofs, folio 80, at twenty-eight cents, and copy at seven cents; also one copy for court, and one copy for opposite solicitor, amounting in all to $39.20. The charge was claimed to be allowed under the 94th rule of the Court of Chancery, which is the same in this respect as the 73d rule of this Court in Equity, and under the…
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Costs.—In this case the complainant’s solicitor inserted in his bill of costs for taxation, a charge for drawing points for hearing on pleadings and proofs, folio 80, at twenty-eight cents, and copy at seven cents; also one copy for court, and one copy for opposite solicitor, amounting in all to $39.20. The charge was claimed to be allowed under the 94th rule of the Court of Chancery, which is the same in this respect as the 73d rule of this Court in Equity, and under the second paragraph in the fourteenth section of the fee-bill. (2 ft. S. 719, 3d ed.)
1Opinion of the CourtWillard, Justice
94th rule requires each party to deliver to the court, and to the adverse party a copy of the points on which he relies, and the fee-bill allows for drawing every bill, &c., &c., or proceeding in a cause, and for every necessary copy. The 5th section of title 5, chapter 10 of part 3, .(2 E. S. 743, 3d ed.,) requires the taxing-officer “to strike out all charges for services which, in his judgment, were not necessary to be performed, and for all folios in pleadings, entrys or proceedings, which were unnecessarily inserted.” In Erwin v. Deyo, 2 Wend. 285, this court refused.to allow a party for…
2Cases cited4 opinions
- Irwin v. DeyoNew York Supreme Court · 1829
- Ingham v. GravesNew York Supreme Court · 1831
- Waller v. HarrisNew York Court of Chancery · 1839
- Cole v. GreeneNew York Supreme Court · 1834