Martin v. McCormick
The Superior Court of New York City
1st this case judgment was rendered in favor of the defendant after a trial at the special term. The plaintiff appealed to’ the. general term, where the judgment was affirmed. The defendant now moves for an allowance, in addition to the costs, under the three hundred and eighth section of the code, both in the court below and on the appeal. A similar motion in another suit, for an allowance on a judgment entered at the special term, was argued at the same time.
1Opinion of the Court
Sandford, J. (with the concurrence of the Chief Justice and Paine, J.,)
decided that, after judgment entered, it was too late for the prevailing party to apply for an allowance under this provision of the code. The amount allowed is to go into the judgment as a part of the “ charges for costs,’” mentioned in § 311.
The provision in § 308 does not apply to judgments rendered on appeal.
Motion denied.(a)
To the latter proposition is 2 Comst. 570, in the court of appeals, and to both is a decision of Parker, J., in the supreme conrt, third district, 5 Howard’s Pr. R. 242.
2Cited by1 opinion
- Winne v. FanningNew York Supreme Court · 1897