Callopy v. Village of Tonawanda

Appellate Division of the Supreme Court of New York

Callopy v. Village of Tonawanda

109 A.D. 912, 95 N.Y.S. 1117

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1905

StatusPublished

This text of 109 A.D. 912 (Callopy v. Village of Tonawanda) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Callopy v. Village of Tonawanda, 109 A.D. 912, 95 N.Y.S. 1117 (N.Y. Ct. App. 1905).

Pincite

Opinion

Order affirmed, with ten dollars costs and disbursements. Held", that the defendant, having failed to tax or retax the costs awarded by this court upon the. former appeal, is not entitled to insist that the non-payment of such costs entities it to stay of jiroceedings in the action, and it is further held that where such costs have been fixed, in the manner prescribed by the Code of Civil Procedure, their non-payment operates as a stay, unless the same is waived. (Cohen v. Krulmitch, 81 App. Riv. 147.) All concurred.

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Order affirmed, with ten dollars costs and disbursements. Held", that the defendant, having failed to tax or retax the costs awarded by this court upon the. former appeal, is not entitled to insist that the non-payment of such costs entities it to stay of jiroceedings in the action, and it is further held that where such costs have been fixed, in the manner prescribed by the Code of Civil Procedure, their non-payment operates as a stay, unless the same is waived. (Cohen v. Krulmitch, 81 App. Riv. 147.) All concurred.

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Bluebook (online)

109 A.D. 912, 95 N.Y.S. 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callopy-v-village-of-tonawanda-nyappdiv-1905.