Legal Opinion

Szerlip v. Baier

Appellate Terms of the Supreme Court of New York

Decided November 15, 1897Published

■Motion by defendant to set aside taxation of costs.and judgment entered in favor of the plaintiff on such taxation. ■

1Per curiam

The plaintiff recovered judgment by default against the defendant in the Fifth District’ Court, October 13,1896., The defendant moved to set the judgment aside on the ground that he had not been served with process, and the justice on April 1, 1897, granted the motion, with costs. The plaintiff thereupon appealed from the order to the Appellate Term, which, on October 4, 1897, reversed the court below, with costs to the plaintiff-appellant. Thereafter, the plaintiff served a bill of costs, which were taxed upon notice under the defendant’s- objection; and judgment was entered in favor of…

2Cases cited5 opinions

  1. People Ex Rel. Ostrander v. . ChapinNew York Court of Appeals · 1887
  2. Brown v. . LeighNew York Court of Appeals · 1872
  3. Colwell v. DevlinAppellate Terms of the Supreme Court of New York · 1897
  4. Moench v. YoungNew York Court of Common Pleas · 1890
  5. In re BrasierNew York Court of Common Pleas · 1885

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