In re Williams
New York Supreme Court
- This is an application to confirm the report of commissioners in a proceeding to acquire title to the property rights of the owners, and the only matter in dispute is the question of whether the attorneys for the different owners are entitled, under the provisions of section 3372 of the Code of Civil Procedure, to a trial fee of thirty dollars as for a trial of an issue of fact and ten dollars as for a trial occupying more than two days.
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- This is an application to confirm the report of commissioners in a proceeding to acquire title to the property rights of the owners, and the only matter in dispute is the question of whether the attorneys for the different owners are entitled, under the provisions of section 3372 of the Code of Civil Procedure, to a trial fee of thirty dollars as for a trial of an issue of fact and ten dollars as for a trial occupying more than two days. This proceeding was commenced by the service of a petition and the owners of the property affected did not serve any answer. The petitioner did not make or…
1Opinion of the CourtRoss, J.
Upon examination of section 3372, it seems to me somewhat strange that any question should ever have arisen in regard to the right of the land owners in a case similar to this to tax the items heretofore mentioned. The section referred to provides as to the procedure in a case wherein the petitioner makes an offer to purchase the property, and as to the effect of such offer on the question of costs, whether accepted or not accepted. It then provides for the situation herein presented in the following language: “ or if no offer was made, the court shall, in the final order, *155direct that the…
2Cases cited2 opinions
- In Re the Brooklyn Union Elevated RailroadNew York Court of Appeals · 1903
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900