Miller v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin C. Miller, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 10th day of February, 1898, denying the plaintiff’s motion for a retaxation of the defendant’s costs. This action is brought to recover the value of certain legal services claimed to have been rendered on behalf of the defendant by the plaintiff’s assignor.
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Appeal by the plaintiff, Benjamin C. Miller, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 10th day of February, 1898, denying the plaintiff’s motion for a retaxation of the defendant’s costs. This action is brought to recover the value of certain legal services claimed to have been rendered on behalf of the defendant by the plaintiff’s assignor. Upon the trial a nonsuit was directed, and thereupon the exceptions were ordered to be heard at the General Term in the first instance. A hearing wras…
1Per curiam
The right to costs is one which is created by statute, and consequently they can be awarded only in cases which are clearly within some statutory provision. (Fargo v. Helmer, 43 Hun, 17; Patterson v. Burnett, 17 Civ. Proc. Rep. 115.)
In this case, as we have seen, a trial was had, and although a result was reached, no judgment was entered, but the exceptions were ordered to be heard in the first instance at the General Term. The hearing which followed was simply a motion for a new trial,, and the only statute authorizing the allowance of costs upon the decision of such a motion is section 3236…
2Cited by1 opinion
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