Legal Opinion

Story v. Duffy

New York Supreme Court

Decided November 15, 1853PublishedCited by 1 opinion

Motion to stay taxation of costs.

1Opinion of the Court

Mitchell, Justice.

There was a stay of proceedings granted by a judge at Chambers, on a judgment in this case. " The same judge afterwards held that that stay, although it was in force until a certain motion should be decided, ceased to have effect after twenty days from its date, and directed the clerk to proceed and tax the costs. The taxation was noticed for the 2d inst., when the defendant, (the successful party,) attended, and saw the clerk of the court, but not the deputy, who taxes costs, and did not then proceed in the taxation; shortly after-wards the plaintiff’s attorney attended on…

2Cases cited3 opinions

  1. Rogers v. RogersNew York Court of Chancery · 1831
  2. Graves v. MaguireNew York Court of Chancery · 1837
  3. Hicks v. HicksNew York Supreme Court · 1851

3Cited by1 opinion

  1. Hoyt v. TerwilligerNew York Supreme Court · 1872

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