Snyder v. Young
New York Supreme Court
In this action the plaintiff recovered $350 damages. On the 15th January inst., while the defendant’s attorney was absent from home, the plaintiff left at his office a copy of his bill of costs, with a notice of taxation before the clerk on the 17th inst. Defendant’s attorney did not return until after the taxation.
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In this action the plaintiff recovered $350 damages. On the 15th January inst., while the defendant’s attorney was absent from home, the plaintiff left at his office a copy of his bill of costs, with a notice of taxation before the clerk on the 17th inst. Defendant’s attorney did not return until after the taxation. The costs, as taxed by the clerk, and entered in the judgment, included $39 for the service of the plaintiff’s attorney, which defendant’s attorney now moves to strike out, relying on the case of Newton v. Sweet, ex’r, 4 How. Pr. R. 134.
1Opinion of the Court
Parker, Justice.
The affidavits show that the executor neglected to advertise for the presentation of claims, as required by statute; and the plaintiff’s counsel contends that the plaintiff is therefore entitled to recover costs, as was decided at special term, in Harvey v. Skillman's executors, 22 Wend. 571. But I think we are bound to follow the decision made in Bullock v. Bogardus's eocecutor, 1 Denio, 276. The latter was decided at the general term, and overrules the previous case of Harvey v. Skillman, and is, I think, recognized by the still later case of Bradley v. Burwell, 3 Denio,…
2Cases cited4 opinions
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Winne v. Van SchaickNew York Supreme Court · 1832
- Harvey v. Skillman'sNew York Supreme Court · 1840
- Bradley v. BurwellNew York Supreme Court · 1846