Hecox v. Ellis
New York Supreme Court
Retaxation of costs. After the cause was noticed for trial, the defendant served a relicta and cognovit, with a clause attached that judgment should not be entered thereon until the term succeeding the circuit. The plaintiff disregarded the relicta and cognovit, and took an inquest at the circuit; and in his bill of costs, charged the defendant with the costs of the circuit, which were allowed to him by the taxing officer.
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Retaxation of costs. After the cause was noticed for trial, the defendant served a relicta and cognovit, with a clause attached that judgment should not be entered thereon until the term succeeding the circuit. The plaintiff disregarded the relicta and cognovit, and took an inquest at the circuit; and in his bill of costs, charged the defendant with the costs of the circuit, which were allowed to him by the taxing officer. The defendant appealed from the taxation, and a relaxation was ordered : the presiding judge observing, that for costs accrued anterior to the giving of the relicta and…
1Opinion of the Court
In suits and proceedings upon writs of mandamus, it is not the practice of the court, upon awarding a peremptory mandamus, to grant costs against the judges of subordinate courts, or other public officers entrusted with the dis. charge of judicial duties.
From the report of the case of The People, ex rel. Fisher, v. The N. Y. Common Pleas, lately published in 18 Wendell, *158534, although decided as long since as April, 1836, it might supposed that it is the practice of the court to award costs against the judges of subordinate courts on the granting of a peremptory mandamus. Such, however, is…
2Cited by4 opinions
- State v. SneedTennessee Supreme Court · 1900
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Brown v. DeweyNew York Court of Chancery · 1843
- Denslow v. GunnSupreme Court of Connecticut · 1896