Kurth v. Maier

The narrow question for decision on the record submitted is whether the order under review denying appellant's motion for allowance of counsel fees and taxed costs is, as urged, improper.

This is appellant's — defendant below — second appeal in this case. His first appeal was from an order denying his motion "to strike out the bill of complaint" on the ground that respondent — complainant below — had an "adequate remedy at law." Appellant prevailed. Kurth v. Maier, 133 N.J. Eq. 389; 31 Atl. Rep. 2d 835. Accordingly, he caused a remittitur to be filed, the decretal provision of which reads as…