Rose v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harrison Wells, from an order of the County Court of Cortland county, entered in the office of the cleric of the county of C°rtiand on the 30th day of September, 1903, denying the defendant’s motion to set aside the taxation of plaintiff’s costs and refusing to direct a new taxation of defendant’s costs. This action was commenced in Justice’s Court.
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Appeal by the defendant, Harrison Wells, from an order of the County Court of Cortland county, entered in the office of the cleric of the county of C°rtiand on the 30th day of September, 1903, denying the defendant’s motion to set aside the taxation of plaintiff’s costs and refusing to direct a new taxation of defendant’s costs. This action was commenced in Justice’s Court. The plaintiff in his complaint alleged that the defendant was indebted to him for a quantity of cabbage sold and delivered to the defendant at the agreed price of $116. The defendant by his answer denied the allegations of…
1Opinion of the Court
Chase, J.:
Section 3070 of the Code of Civil Procedure, being one of the sections of the article relating to appeals for new trials in the appellate court, is as follows: “ Upon an appeal, provided for in this article, from a judgment for a sum of money only, either party may, , within fifteen days after service of the notice of appeal,, serve upon the adverse party, or upon his attorney, a written offer to allow judgment to be rendered in the appellate court, in favor of either party, for a specified sum. If the offer is not accepted it cannot be proved upon the trial. If the party within ten…
2Cases cited7 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Pike v. . JohnsonNew York Court of Appeals · 1871
- Budd v. JacksonNew York Supreme Court · 1863
- Pierano v. . MerrittNew York Court of Appeals · 1896
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