Brainard v. Phillips

New York Supreme Court

Brainard v. Phillips

4 Cow. 20

CourtNew York Supreme Court

DecidedFebruary 15, 1825

StatusPublished

Cited by2 cases

This text of 4 Cow. 20 (Brainard v. Phillips) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brainard v. Phillips, 4 Cow. 20 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Curia.

The general practice has been to tax this item in the defendant’s bill. As to this,

Motion denied.

[21]*21A motion had been made by the defendant to set aside the certiorari for irregularity, but denied without costs, which were also taxed as the defendant’s general costs in the cause; and it was insisted that these were properly taxable, like the costs of a motion' to change the venue, for a commission, reference, dec. But,

Where amo. tion to set aside a certiorari is denied without costs, these are not taxable as a part of the defendant’s general costs, upon affirmance.

Per Curiam.

They do not stand upon the same ground. The cases mentioned are necessary steps in the ordinary course of the cause. Here was a motion improperly made. It was, to be sure, denied without costs; probably under some peculiar circumstances in the case, by which our discretion as to costs was guided. These, however, were finally disposed of upon the motion. As to this,

Re-taxation ordered.

M. Brainard, for the motion.

J. A. Spencer, contra.

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Curia.

The general practice has been to tax this item in the defendant’s bill. As to this,

Motion denied.

[21]*21A motion had been made by the defendant to set aside the certiorari for irregularity, but denied without costs, which were also taxed as the defendant’s general costs in the cause; and it was insisted that these were properly taxable, like the costs of a motion' to change the venue, for a commission, reference, dec. But,

Where amo. tion to set aside a certiorari is denied without costs, these are not taxable as a part of the defendant’s general costs, upon affirmance.

Per Curiam.

They do not stand upon the same ground. The cases mentioned are necessary steps in the ordinary course of the cause. Here was a motion improperly made. It was, to be sure, denied without costs; probably under some peculiar circumstances in the case, by which our discretion as to costs was guided. These, however, were finally disposed of upon the motion. As to this,

Re-taxation ordered.

M. Brainard, for the motion.

J. A. Spencer, contra.

20 Employee Benefits Cas. 2479, 97 Cal. Daily Op. Serv. 679, 97 Daily Journal D.A.R. 1081, Pens. Plan Guide (Cch) P 23,931 Joseph Velarde Rene Barreda Maun Boettcher Phillip Borboa Danita Ewing Jeffrey Fleming Carlos Gonzales, Jr. Hernando Hernandez Matthew Lansbery James Deon Lennox Rigoberto Mata Ines B. Mendez Perla Mendoza Steven Miller Cisco Monteverde Deborah Morrison Gerald Ogden, Jr. Anthony Robb Robert P. Sahhar Luis A. Sandoval, Jr. Sheri Stone Luis F. Varela and Benjamin R. Winegrad, Plaintiffs-Appellees-Cross-Appellants v. Pace Membership Warehouse, Inc., Defendant-Appellant-Cross-Appellee

105 F.3d 1313 (Ninth Circuit, 1997)

Norris Lirette v. N.L. Sperry Sun, Inc. And Quarles Drilling Company

810 F.2d 533 (Fifth Circuit, 1987)

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Bluebook (online)

4 Cow. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brainard-v-phillips-nysupct-1825.

Opinion

M. Brainard, for the motion.

J. A. Spencer, contra.

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