Lossee v. Ellis
New York Supreme Court
Appeal by tbe plaintiff from two orders made at a Special Term of this court, one of which denied plaintiff’s motion for a retaxation and further allowance of costs in said action, and tbe other of which granted defendants’ motion for a retaxation and reduction of costs.
1Opinion of the Court
Mullin, P. J.:
Tbe plaintiff brought an action to foreclose a mortgage; tbe defendants, or some of them, appeared and answered.
*656Tbe issues were referred for trial to a referee, wbo, after hearing the proofs and allegations of the parties, ordered judgment of foreclosure and sale in favor of the plaintiff, with costs from the time one of the defendants was brought in, which was after the issue was joined as to the other defendants.
The plaintiff’s counsel made out and served a full bill of costs in behalf of the plaintiff and presented it to the clerk of Jefferson county for adjustment.
The…
2Cases cited5 opinions
- Homer v. BrownSupreme Court of the United States · 1854
- Hunt v. . ChapmanNew York Court of Appeals · 1873
- Pratt v. RamsdellNew York Supreme Court · 1857
- Morris v. . WheelerNew York Court of Appeals · 1871
- Clarke v. . City of RochesterNew York Court of Appeals · 1866