Kanouse v. Martin
The Superior Court of New York City
Motion to correct the adjustment of costs made by the clerk, on two appeals taken by Kanouse, to the court of appeals, from a judgment of this court. The circumstances appear in the opinion. The clerk taxed on the first appeal, twenty-five dollars, besides disbursements.
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Motion to correct the adjustment of costs made by the clerk, on two appeals taken by Kanouse, to the court of appeals, from a judgment of this court. The circumstances appear in the opinion. The clerk taxed on the first appeal, twenty-five dollars, besides disbursements. On the second; appeal, in addition to this, he taxed a fee of fifty dollars “ for argument,” and ten dollars for a term fee for attending at the term when the suit was dismissed. , The appellant moved to correct the adjustment,
1Opinion of the Court
Mason, J., (after advising with Sandford and Duer, J. J.)
The first question to be determined is, by what law are the costs of the appeals in this suit to be regulated.
It is contended by the plaintiff in error, that as the original suit was brought long before the passage of the code, the costs are to be adjusted under the former law, although the appeals were not brought until the present year. And in support of this position, it is argued that the code, by the eighth section, is declared to relate to civil actions commenced after the first day of July, 1848, except when otherwise provided…
2Cited by3 opinions
- In re George B. Wray Drug Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Glentworth v. MountThe Superior Court of New York City · 1863
- Peterson v. DickelNew York Supreme Court · 1858