Tillspaugh v. Dick
New York Supreme Court
This was a motion for readjustment of costs. The complaint was dismissed “ with costs,” as to defendant Dick, at the last December special term, for the reason that the defendant had not brought the action to trial according to the course and practice of the court.
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This was a motion for readjustment of costs. The complaint was dismissed “ with costs,” as to defendant Dick, at the last December special term, for the reason that the defendant had not brought the action to trial according to the course and practice of the court. The following costs were allowed on adjustment Costs of proceedings before trial,................... $5*00 Subsequent proceedings before trial,________________ 7*00 November Cicrcuit, Schoharie co., cause on calendar,- - 10*00 Motion to dismiss complaint,...................... 10*00 Clerk’s fees on motion to dismisss complaint,…
1Opinion of the Court
Parker, Justice.
The dismissal of the complaint was a judg ment in favor of the defendant and entitled him to recover whatever items of costs are given by the Code for services ren *34dered. The first item of $5, for proceedings before notice of trial was properly allowed. The charge of $7, was improperly allowed. That is only chargeable for services rendered after notice of trial and before trial, and as to this defendant, the cause had never been noticed for trial. For the same reason the circuit fee of $10 was not chargeable. The cause had been put on the calendar on the notice of anothér…
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