Osborne v. Betts
New York Supreme Court
This cause was tried before Justice Harris, without a jur.y, in November 1852, and a decision made therein on the 13th January 1853, by which the complaint was dismissed without costs as to defendant Betts, and with costs as to the defendant Smith. The defendant Smith, now moves for an extra allowance of costs under section 308 of the Code, and excuses his delay in making the application on the ground of professional engagements.
1Opinion of the Court
Parker, Justice.
Rule 82 declares that applications of this description can only be made to the court before which the trial is had, or the judgment rendered. This does not mean that if the trial is in the Supreme Court, the application, must be made in that court. Such a provision would be quite unnecessary, for no lawyer would think of applying to any other than the Supreme Court for such allowance. It was intended by the rule that the question of extra allowance should be determined by the judge who tried the cause, who must necessarily be most competent, from his knowledge of its…
2Cited by2 opinions
- More v. BennettNew York Supreme Court · 1873
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