Lange v. Schile
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Romeo H. Sohile, 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 .22d day of January, 1906, dismissing the defendant’s appeal from the taxation of costs by the clerk and affirming the said taxation.
1Opinion of the Court
Patterson, J.:
The court at Special Term denied a motion made by the defendant for a retaxation 'of costs and affirmed the taxation of such costs by the clerk of'the city and county of Hew York, who allowed the plaintiff the amount of twenty-five dollars as costs before notice of ’ trial. The defendant insists that such costs should have been taxed at fifteen dollars. Whether the one or the other' amount should be allowed depends upon the nature of the :action, namely, whether it is upon contract or in tort. (Code Civ. Proc. §>§ 420, 3251, subd. 1.) IÚ support of the order it is insisted by…
2Cases cited5 opinions
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Britton v. . FerrinNew York Court of Appeals · 1902
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- Foote v. FfoulkeAppellate Division of the Supreme Court of the State of New York · 1900
- Town of Green Island v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Nathan v. WoolvertonNew York Supreme Court · 1910
- Demarco v. Pickett Motor Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Horowitz v. HarrisNew York Supreme Court · 1927
- Horowitz v. HarrisNew York Supreme Court · 1927
- Joshua Hoyle & Sons, Ltd. v. Shipley-Hollins Co.Appellate Division of the Supreme Court of the State of New York · 1927
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