Legal Opinion
Oelberman v. Rosenbaum
New York Supreme Court
Decided November 26, 1888PublishedCited by 1 opinion
After issue was joined in this action, and the cause was placed on the day-calendar, and several adjournments were had, the plaintiff obtained leave to discontinue, on the payment of the accrued costs. An order was entered taxing such costs, one of the items included being a trial fee of $30. Plaintiff moved for a retaxation, on the ground that such item was improper.
1Opinion of the CourtLawrence, J.
Unless the defendant can show that the decision of the general term of this department, in Sutphen v. Lash, 10 Hun, 120, has been modified or reversed, I must hold that the defendant is not entitled to a trial fee.
2Cited by1 opinion
- Lockwood v. Salmon River Paper Co.New York Supreme Court · 1892