Griggs v. . Day
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, made May 2, 1892, which affirmed an order of the Special Term denying a motion to retax costs. The facts, so far as material, are stated in the opinion. The General Teim erred in affirming the order of the Special Term approving the rejection by the clerk of the item in question upon the taxation of the plaintiff’s costs.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, made May 2, 1892, which affirmed an order of the Special Term denying a motion to retax costs. The facts, so far as material, are stated in the opinion. The General Teim erred in affirming the order of the Special Term approving the rejection by the clerk of the item in question upon the taxation of the plaintiff’s costs. (Chase v. James, 16 Hun, 14; F. N. Bank v. Tamajo, 17 id. 240 ; 77 N. Y. 476; Mark v. City of Buffalo, 87 id. 184 ; Code Civ. Pro. § 3296.) The stipulation in the case at bar is sufficient…
1Opinion of the CourtGray, J.
When the issues in this action came on for trial before the referee, the parties consented to waive the statutory provisions as to his fees; which consent was subsequently reduced to writing, as follows: “ That the referee shall not be limited to the statutory fee of six dollars per day for his services in this case, but may charge such fees therefor as he deems proper.” The plaintiff paid to the referee, upon taking up his report, the sum of $7,500, fixed by him as his charge; but, upon the taxation of costs, objection being made by the defendant to its allowance, the clerk disallowed the…
2Cases cited1 opinion
- First National Bank v. . TamajoNew York Court of Appeals · 1879
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