Geneva Mineral Springs Co. v. Steele

Upon April 26, 1913, a Special Term order was granted on defendant’s motion amending a *417judgment on appeal to the Appellate Division, theretofore entered herein by plaintiff.

The situation here presented has arisen from the effort of plaintiff’s attorney to offset the ten dollars costs of motion there allowed against his general costs of the action. This is contrary to the well established rule governing the practice in relation thereto. Marshall v. Meech, 51 N. Y. 140; Tunstall v. Winton, 31 Hun, 219; Gibbs v. Prindle, 11 App. Div. 471.

The order was entered in the office of the clerk of…