Starr Cash-Car Co. v. Reinhardt
New York Court of Common Pleas
Appeal from city court, general term. Action by the Starr Cash-Oar Company against Henry Reinhardt and another. Prom so much of an order of the general term of the city court (23 N. Y. Supp. 733) as affirms an order of the special term allowing plaintiff to tax the trial fee of $30 for a previous trial, and the jury fees upon two previous trials, of the action, defendant appeals, and, from so much of the same order as modifies the special order by disallowing a trial fee of…
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Appeal from city court, general term. Action by the Starr Cash-Oar Company against Henry Reinhardt and another. Prom so much of an order of the general term of the city court (23 N. Y. Supp. 733) as affirms an order of the special term allowing plaintiff to tax the trial fee of $30 for a previous trial, and the jury fees upon two previous trials, of the action, defendant appeals, and, from so much of the same order as modifies the special order by disallowing a trial fee of $40 for one of the previous trials of the action, plaintiff appeals. Upon the first trial of this action, the plaintiff…
1Opinion of the CourtDaly, C. J.
When we reverse a judgment of the city court, and order a new trial, with costs to the appellant to abide the event, we intend that the costs of the appeal to this court, and of the appeal to the general term of the city court, and of the trial which resulted in the judgment reversed, shall be included in such costs. In construing an order of the court of appeals ordering a new trial in our own court, with costs to abide the event, we hold that the costs of the former trial, as well as of the appeal, are intended, (Mott v. Ice Co., 8 Daly, 244;) and our rule is in conformity with that of the…
2Cases cited3 opinions
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
- Cohu v. HussonNew York Court of Common Pleas · 1885
- Franey v. . SmithNew York Court of Appeals · 1891
3Cited by7 opinions
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Kummer v. Christopher & Tenth St. RailroadNew York Court of Common Pleas · 1895
- Elliott v. LuengeneCity of New York Municipal Court · 1897
- Bueb v. GeratyCity of New York Municipal Court · 1900
- Dailey v. StrombergNew York Supreme Court · 1919
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