Legal Opinion

Waller v. Harris

New York Court of Chancery

Decided April 2, 1839PublishedCited by 2 opinions

This was an application for a re-taxation of the defendant’s costs upon an appeal from this court to the court for the correction of errors. The charges objected to, as to which a re-taxation was sought, were for drawing points for argument, thirty-six folios, at twenty-eight cents ; and for thirty-nine copies thereof, at seven cents a folio; amounting together to the sum of #108,36.

1Opinion of the Court

The Chancellor.

At the time of the adoption of the present fee bill, as contained in the revised statutes, the points which were to be relied upon in argument constituted a part of the printed case, or cases, which were to be delivered to the court previous to the hearing. (See 6th and 12th Rules of April, 1827. 9 Cowen’s Rep. 288.) No separate provision for the draft or copies of points was therefore contained in the fee bill. Neither was the second item of the solicitor’s fee bill on appeals, intended to embrace the allowances to be made for the draft or the copies of points; which were…

2Cited by2 opinions

  1. Bowditch Mutual Fire Insurance v. WinslowMassachusetts Supreme Judicial Court · 1855
  2. Gray v. SchenkNew York Supreme Court · 1848

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