Godley v. Kerr Salt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by Lester M. G-odley and others against the Kerr Salt Company. There was judgment dismissing the complaint. Defendant appeals from an order refusing it an extra allowance of costs. Affirmed.
1Opinion of the CourtAdams, J.
Section 3253 of the Code of Civil Procedure provides for the granting of an extra allowance “in a difficult and extraordinary case, where a defense has been interposed in any action,” which shall not exceed the sum of 5 per centum “upon the sum recovered or claimed, or the value of the subject-matter involved.” That this case was sufficiently difficult and extraordinary to authorize the court, in the exercise of its discretion, to award the defendant a reasonable sum by way of additional costs, is not seriously controverted, and it is fair to assume, from the record furnished us, that the…
2Cases cited5 opinions
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Empire City Subway Co. v. Broadway & S. A. RailroadNew York Supreme Court · 1895
- Rothery v. . New York Rubber Co.New York Court of Appeals · 1882
- O. L.C.R.R. Co. v. . v. C.R.R. Co.New York Court of Appeals · 1875
3Cited by2 opinions
- Calladine v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1898
- Murphy v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1898