Cahill v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susanna Y. Cahill, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 9th day of January, 1900, denying her motion for a retaxation of costs.
1Opinion of the Court
Ingraham, J.:
This action being at issue, the defendant made an application for leave to amend its answer which seems to have been granted “ on payment of the taxable costs to date.” Such costs were taxed at the sum of eighty-five dollars, and were paid by the defendant to the plaintiff and the amended answer served. Subsequently the action came on for trial and the plaintiff recovered a verdict. The plain*277tiff then sought to tax .all the costs in the action, including the costs which had "been before taxed and paid by the defendant as a condition of being allowed to serve an amended answer.…
2Cited by3 opinions
- Vogel Co. v. ReinhardtCity of New York Municipal Court · 1915
- Dailey v. StrombergNew York Supreme Court · 1919
- Morrison v. SmithAppellate Division of the Supreme Court of the State of New York · 1902