Garrett v. Wood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lena Garrett, from an order of the Supreme Court, made at the Albany Special Term, bearing date the 11th day of February, 1901, and entered in the office of thé clerk of the county of Albany, denying the plaintiff’s motion for a new taxation of costs. Plaintiff demurred to one of three defenses.
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Appeal by the plaintiff, Lena Garrett, from an order of the Supreme Court, made at the Albany Special Term, bearing date the 11th day of February, 1901, and entered in the office of thé clerk of the county of Albany, denying the plaintiff’s motion for a new taxation of costs. Plaintiff demurred to one of three defenses. This demurrer was sustained with leave to the defendant to amend upon the payment • of costs of the demurrer. . In those costs as first taxed by the clerk were included costs before notice of trial twenty-five dollars, costs after notice and before trial fifteen dtillars, and…
1Opinion of the Court
Pee OtJEiAM:
We agree with the decision below. In Jones v. Butler (83 Hun, 91) this precise question was before the General Term of the second department and the disposal of the question there made meets our entire approval. In the opinion of the presiding justice in that case it is said : “ The judgment is interlocutory and not final. The defendant is allowed to amend his answer. When the case is finally determined, if plaintiff succeeds, he will be entitled to that item. But upon sustaining a demurrer with permission to plead anew, costs should be limited to those allowed for proceedings…
2Cases cited3 opinions
- Jones v. ButlerNew York Supreme Court · 1894
- Louis v. Empire State InsuranceNew York Supreme Court · 1894
- Marsh v. GrahamNew York Supreme Court · 1897
3Cited by5 opinions
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
- Hill v. MullerNew York Supreme Court · 1907
- Chase v. DrakeAppellate Division of the Supreme Court of the State of New York · 1904
- Penfield v. City of New YorkNew York Supreme Court · 1907
- Veriscope Co. v. BradyCity of New York Municipal Court · 1902