Marshall v. Hatfield
New York Supreme Court
Condemnation proceeding by Charles L. Marshall and others against Albert R. Hatfield and others. On motion to strike from the interlocutory judgment a provision for costs, and to cancel the docket thereof. Motion granted.
1Opinion of the CourtDe Angelis, J.
The proceeding was taken pursuant to chapter 23 of the Code of Civil Procedure, known as the condemnation law. The defendants interposed an answer, the issues were referred -to a referee to hear and determine, he reported in favor of the plaintiffs, and they procured a bill of costs to be taxed by the clerk and have caused to be entered and docketed the so-called judgment. Thus there appears upon the judgment docket a judgment against the defendants for such costs. The claim of the defendants is that such judgment is in reality an interlocutory order in a special proceeding, and that no…
2Cases cited7 opinions
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
- In Re the Brooklyn Union Elevated RailroadNew York Court of Appeals · 1903
- Village of St. Johnsville v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
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