Baker v. Codding
New York Court of Common Pleas
Appeal from city court, general term. Action by Ebenezer T. Baker against D. Edgar Codding and Osmund G. Atwood. From two several orders of the general term of the city court, (21 E. Y. Supp. 1136,) each affirming an order at special term denying plaintiff’s motion to modify or correct a judgment for costs in defendants’ favor by reducing the amount to the costs as adjusted upon a retaxation thereof, plaintiff appeals.
1Opinion of the CourtBischoff, J.
Upon defendants’ appeal from a judgment for plaintiff the general term of the court below directed its reversal, and awarded judgment absolute for defendants, with costs. The costs were taxed by the clerk without notice to plaintiff’s attorney, and judgment for the amount was entered in defendants’ favor. Thereafter defendants caused notice of retaxation to be given, as required by section 3264 of the Code of Civil Procedure. From the clerk’s taxation the parties appealed to the justice at special term, who disallowed certain items, and thereupon the costs were again taxed by the clerk.…
2Cases cited2 opinions
- In Matter of PalmerNew York Court of Appeals · 1869
- Ryan v. . WauleNew York Court of Appeals · 1875
3Cited by2 opinions
- Ost v. SalmanowitzAppellate Terms of the Supreme Court of New York · 1907
- Johnson v. New York El. R.New York Court of Common Pleas · 1891