Berrent v. Simpson
New York Supreme Court
Appeal from City Court of New York, Trial Term. Action by Abraham Berrent against William Simpson. From an order denying a motion for a retaxation of the bill of costs, plaintiff appeals.
1Opinion of the CourtGilderseeeve, P. J.
Upon a former trial the plaintiff obtained a judgment, which was reversed on appeal for evidence improperly introduced by plaintiff, and a new trial was ordered, “with costs to the appellant to abide the event.” The plaintiff again succeeded at the second trial, but the clerk refused to tax in plaintiff’s favor the costs of the first trial. The plaintiff applied to the court below for a retaxation, arid, from the order sustaining the clerk’s taxation, plaintiff appeals.
The party finally successful is entitled, upon the entry of a final judgment, to tax costs for all regular proceedings in the…
2Cases cited1 opinion
- Belt v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1898