Willard v. Harbeck
New York Supreme Court
Motion by defendants for re-taxation of costs. The plaintiffs recovered on a hearing before referees. The first meeting of the referees was held pursuant to notice, October 14,1844, when the referees were sworn, and adjourned to the 5th of December; on which day the hearing fell through in consequence of the absence of one of the referees. The plaintiffs again noticed for hearing on the 24th January, 1845, when the hearing again failed for the same cause.
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Motion by defendants for re-taxation of costs. The plaintiffs recovered on a hearing before referees. The first meeting of the referees was held pursuant to notice, October 14,1844, when the referees were sworn, and adjourned to the 5th of December; on which day the hearing fell through in consequence of the absence of one of the referees. The plaintiffs again noticed for hearing on the 24th January, 1845, when the hearing again failed for the same cause. The same thing happened again on the 20th of June. The cause was noticed again for the 22d of December, when the hearing commenced, and…
1Opinion of the Court
By the Court, Bronson, Oh. J.
The appointed hearing fell through several times without any fault on the part of the plaintiffs, and we see no reason why they should not be allowed the costs of preparing and attending on those occasions. They would have had costs if a circuit had failed, and there is no difference in principle between the two cases.
It is objected that as the plaintiffs are attorneys they cannot have a fee for attendance. An attorney cannot charge a retaining fee in his own suit, because he is not retained; but attending a circuit or hearing before referees is like any other…
2Cited by5 opinions
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- Howard v. Colchester, Georgia, & MiltonSupreme Court of Vermont · 1852
- Weaver v. LaubSupreme Court of Oklahoma · 1977