Legal Opinion
O. L.C.R.R. Co. v. . v. C.R.R. Co.
New York Court of Appeals
Decided November 16, 1875PublishedCited by 9 opinions
1Opinion of the Court
The defendant Schrier moves to dismiss the appeal of the plaintiff from the order of the General Term affirming the order of the Special Term, granting him an extra allowance of costs, upon the ground that the order involved matter of discretion only in the court below, and was not, therefore, appealable.
The Code (§ 309) provides that "in difficult and extraordinary cases, where a defence has been interposed, or in such cases where a trial has been had," the court may "in its discretion, make a further allowance to any party, not exceeding five per cent upon the amount of the recovery or…
2Cited by9 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Thompson v. Michigan Mutual Benefit Ass'nMichigan Supreme Court · 1884
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- Weaver v. . ElyNew York Court of Appeals · 1880
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