Case v. Price
New York Supreme Court
Appeal from taxation of costs. The action was for the foreclosure of a mortgage. After taxation of costs before the clerk upon entry of judgment for the plaintiff, the defendant’s attorney appealed to the court from the determination of the clerk in respect to the disbursements allowed. The facts are stated in the opinion.
1Opinion of the CourtE. Darwin Smith, J.
The first objection made before the taxing officer was, to the item of $82, for forty-one additional defendants, upon the ground that such defendants were not necessarily made parties. The defendant’s counsel presented to the clerk the affidavit of the defendant, stating that the only defendants who had any interest in the mortgaged premises, as subsequent purchasers or incumbrancers, were the Wayne County Collegiate Institute, a corporation incorporated by the regents of the university, to whom defendant had conveyed, as a site for an academy, a part of the mortgaged premises, and Robert B.…
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