Beck v. Keek
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George A. Kerr, from an order of the Supreme Court, made in a special proceeding at the Albany Special Term and entered in the office of the clerk'of the county of Ulster on the 20th day of March, 1903, denying the defendant’s motion for an Order directing the Board of Education of the School District of the City of Kingston to pay a judgment for costs theretofore recovered by the defendant against the plaintiffs in this action, and permitting the…
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Appeal by the defendant, George A. Kerr, from an order of the Supreme Court, made in a special proceeding at the Albany Special Term and entered in the office of the clerk'of the county of Ulster on the 20th day of March, 1903, denying the defendant’s motion for an Order directing the Board of Education of the School District of the City of Kingston to pay a judgment for costs theretofore recovered by the defendant against the plaintiffs in this action, and permitting the defendant to issue execution therefor against the individuals composing such board. The facts appearing upon this motion…
1Opinion of the Court
'Parker, P. J.:
■ The judgment Upon which this motion is based is, We think, authorized by the order of this court made on May 6, 1902. If we had reversed the judgments, “ with costs ih the courts below and Of this appeal,” and "had ñot ordered a new trial, then such eósts would have been taxed by the clerk Of Ulster bounty and a judgment entered by him therefor. In that; event they would have been *5incorporated in our judgment of reversal and the order of this court would have been the county clerk’s authority for so doing. In- this case we reversed the judgments in the court below, but made…
2Cases cited2 opinions
- People Ex Rel. Wallace v. . AbbottNew York Court of Appeals · 1887
- Tucker v. GilmanNew York Supreme Court · 1890
3Cited by1 opinion
- In re the Appeal of HumphreyNew York Supreme Court · 1916