Shultz v. Whitney
New York Court of Common Pleas
Appeal from decision of the clerk in taxing costs upon entering judgment on the report of a referee. The action was brought to foreclose a mechanic’s lien. The cause was referred to Edward P. Cowles, Esq. He reported in favor of the defendants. They gave the usual notice of taxation of costs, in which the amount charged for referee’s fees was three hundred and twenty-five dollars, being for sixty-five meetings at $5 each.
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Appeal from decision of the clerk in taxing costs upon entering judgment on the report of a referee. The action was brought to foreclose a mechanic’s lien. The cause was referred to Edward P. Cowles, Esq. He reported in favor of the defendants. They gave the usual notice of taxation of costs, in which the amount charged for referee’s fees was three hundred and twenty-five dollars, being for sixty-five meetings at $5 each. The plaintiff’s attorney attended on the taxation and objected to this sum, but the clerk allowed the charge; and the plaintiff now appealed from his taxation, and asked a…
1Opinion of the CourtHilton, J.
The plaintiff instituted proceedings under the mechanics’ lien law, against the building known as Laura Keene’s Theatre, claiming a balance due him of$883.41 for brick furnished by him towards its erection.
After issue found the cause was referred by consent of parties, and it appearing from the referee’s report, that at the time of filing the plaintiff’s notice of lien, there was nothing owing or due from the owners to the contractors, who undertook the erection of the building, and who purchased the brick from the plaintiff, the defendants became entitled to judgment.
"Upon entering the…
2Cited by3 opinions
- Brown v. WindmullerThe Superior Court of New York City · 1873
- Burt v. Oneida Community, Ltd.New York Supreme Court · 1891
- Townsend v. PeyserNew York Court of Common Pleas · 1873