Legal Opinion

Dame v. Maynard

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1910PublishedCited by 1 opinion

Appeal by the defendant, Marshall H. Maynard, from an order of the Supreme' Court, made at the Clinton Special Term and entered in the'office of the clerk of said county on the 1st day of February, 1910, striking out certain items of a bill of costs after the same had been taxed by the clerk.

1Opinion of the Court

Smith, P. J.:

This action was first referred to one Wolcott as referee. Sixty days having expired from the submission of the case to the said referee and no report having been made, the defendant terminated the reference. By stipulation the case was thereafter referred to another referee, who reported in favor of the defendant. .The clerk taxed the costs, including therein ten dollars for the term fee at which the action was referred, and thirty dollars for the trial fee before the referee Wolcott, in addition to thirty dollars for the trial'fee before the last referee. Notice of retaxation…

2Cases cited1 opinion

  1. Talcott v. JonassonAppellate Terms of the Supreme Court of New York · 1904

3Cited by1 opinion

  1. Ritter v. BrackNew York Supreme Court · 1927

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