Saratoga & Washington Railroad v. McCoy
New York Supreme Court
Application for an extra allowance of costs. The cause was tried at the Washington circuit in .February, 1853, before C. L. Allen, Justice. It was an action for the recovery of damages for levying upon and seizing personal property for a school tax in the district of which defendants were trustees. It appeared on the trial, that the tax collected and paid by plaintiffs amounted to $203.25; but the plaintiffs ■claimed in their complaint $1,000 damages.
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Application for an extra allowance of costs. The cause was tried at the Washington circuit in .February, 1853, before C. L. Allen, Justice. It was an action for the recovery of damages for levying upon and seizing personal property for a school tax in the district of which defendants were trustees. It appeared on the trial, that the tax collected and paid by plaintiffs amounted to $203.25; but the plaintiffs ■claimed in their complaint $1,000 damages. It was proved that the property levied on amounted in value to $281, and that plaintiffs paid the tax and stopped the sale, and claimed the…
1Opinion of the Court
C. L. Allen, Justice.
It is objected that this application should have been made at the trial of the cause, and that it is too late to make it now. In the case of Osborne agt. Betts, (8 How. 31,) Justice Parker remarks that the application can ■only be made under rule 82 to the court before whom the trial is had, or the judgment rendered. He adds, that it was intended by the rule that the question of extra allowance should be determined by the judge who tried the cause, who necessarily ■must be most competent from his knowledge of its character to ■decide upon the propriety of the application…
2Cases cited2 opinions
- Ladd Ex Rel. Montgomery v. LaddSupreme Court of the United States · 1850
- Jacob S. Mayberry, in Error v. James H. ThompsonSupreme Court of the United States · 1847