Cahill v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susanna Y. Cahill, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 9th day of January, 1900, denying her motion for a retaxation of costs.
1Dissent
O’Brien, J. (dissenting):
Upon the termination of the action in her favor the plaintiff was entitled, under section 3228 of the Code of Civil Procedure, to tax the full bill of costs, and, unless she had waived it, there was no discretion in the court to deprive her of that right. The question of the effect of a provision in an order granting a party leave to answer upon payment of costs to date upon the right, in case of success, to again tax a full bill of costs; has been frequently before the courts, but has resulted in conflicting decisions which we shall not attempt to reconcile.
We think,…
2Cases cited1 opinion
- Cohu v. HussonNew York Court of Common Pleas · 1885