Legal Opinion

Ackley v. Tarbox

New York Supreme Court

Decided May 15, 1865PublishedCited by 2 opinions

Appeal by plaintiffs from an order made at the Chenango Special Term, in February, 1865, by which a charge of $20, for “ prepared case,” was struck from the plaintiffs’ bill of costs, which had been allowed by the clerk of Otsego County. The action was commenced in a justice’s court and by successive appeals taken to the Súpleme Court, in which last-mentioned court the plaintiffs were beaten and judgment was rendered in favor of the defendants.

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Appeal by plaintiffs from an order made at the Chenango Special Term, in February, 1865, by which a charge of $20, for “ prepared case,” was struck from the plaintiffs’ bill of costs, which had been allowed by the clerk of Otsego County. The action was commenced in a justice’s court and by successive appeals taken to the Súpleme Court, in which last-mentioned court the plaintiffs were beaten and judgment was rendered in favor of the defendants. After obtaining leave for that purpose, the plaintiffs appealed from the judgment of the Supreme Court to the Court of Appeals, in June, 1860. The…

1Opinion of the Court

By the Court.*—Balcom, J.

The plaintiffs were the appellants in the Court of Appeals, and, according to the fifth rule of that court, it was their duty to make a case, consisting of a copy of the return of the clerk of the Supreme Court, and the reasons of such court for its judgment, or an affidavit that the same could not be procured; and if the case was voluminous, it was their duty to add an index to the same. Such a case was made and served by the plaintiffs’ attorney in the Court of Appeals prior to the year 1864, when there was no law that gave the appellant in that court any separate…

2Cited by2 opinions

  1. In re MaceNew York Surrogate's Court · 1880
  2. In re SextonNew York Surrogate's Court · 1882

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