Dunham v. Sherman
The Superior Court of New York City
Appeal from the clerk’s taxation of costs. In this cause a commission to take testimony in England had been obtained by plaintiff, and executed in the course of the proceedings. The plaintiff’s notice of taxation of costs, included as one item, commission-fees, $192.12, and his affidavit to disbursements, was merely in the ordinary form, that the foregoing disbursements have been, or may be necessarily made or incurred, in the action.
Read the full summary
Appeal from the clerk’s taxation of costs. In this cause a commission to take testimony in England had been obtained by plaintiff, and executed in the course of the proceedings. The plaintiff’s notice of taxation of costs, included as one item, commission-fees, $192.12, and his affidavit to disbursements, was merely in the ordinary form, that the foregoing disbursements have been, or may be necessarily made or incurred, in the action. The clerk allowed this against the objection of the defendant, who thereupon appealed to the court.
1Opinion of the CourtHoffman, J.
The plaintiff sued out a commission to London, in which the defendant joined, so far as to exhibit cross-interrogatories. The commission was executed by a single commissioner, and it appears that the examination took place on the 8th and 9th days of December. His charge for executing it was £10 10s.
To this was added a bill of £28 18s. 8d., paid solicitor’s bill, including payment to witnesses, making together £39 8s. 8d., or $192.12, which has been allowed by the clerk. The bill of the solicitor is in detail, and contains, for payment to seven witnesses (one from Scotland, £8), the sum of £17…
2Cases cited1 opinion
- Finch v. CalvertNew York Supreme Court · 1856
3Cited by2 opinions
- A. E. Nettleton Co. v. StoryNew York Supreme Court · 1923
- In re Bull's WillNew York Surrogate's Court · 1889