Dale v. Rosevelt
New York Supreme Court
Motion to set aside execution for irregularity. The plaintiff heretofore obtained a judgment in this court against Harriet Fulton, as surviving executrix of Robert Fulton, on which a writ of error was prosecuted by the present defendant. On the 31st Dec. 1827, the judgment of this court was affirmed, and the defendant ordered to pay double costs and interest on the amount of the judgment, by way of damages.
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Motion to set aside execution for irregularity. The plaintiff heretofore obtained a judgment in this court against Harriet Fulton, as surviving executrix of Robert Fulton, on which a writ of error was prosecuted by the present defendant. On the 31st Dec. 1827, the judgment of this court was affirmed, and the defendant ordered to pay double costs and interest on the amount of the judgment, by way of damages. On the 21st January, the costs in error were taxed and the interest computed by the recorder of Ñew-York, amounting together to the sum of $758,64, which sum was inserted in the…
1Opinion of the Court
By the Court,
Woodworth, J.
The rule of the court of errors does require that the costs in that court shall be taxed by the chancellor, or one of the judges, or by the clerk ; but this rule was inadvertently adopted, as by a provision of the fee bill, (2 R. L. 4,) the taxation of such costs may be in the usual manner of taxing costs in the court to which the record is remitted. There was therefore no irregularity in the taxation.
The practice as to the filing of the remittitur has not been uniform. In some instances it has been filed in vacation; in others, leave has been asked of the court. But…
2Cited by4 opinions
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- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Robinson v. PlimptonNew York Court of Appeals · 1862
- Union India Rubber Co. v. BabcockThe Superior Court of New York City · 1854