Dovale v. Ackerman

New York Supreme Court

Dovale v. Ackerman

11 N.Y.S. 5, 24 Abb. N. Cas. 214, 1890 N.Y. Misc. LEXIS 572

CourtNew York Supreme Court

DecidedMarch 3, 1890

StatusPublished

Cited by2 cases

This text of 11 N.Y.S. 5 (Dovale v. Ackerman) 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

Dovale v. Ackerman, 11 N.Y.S. 5, 24 Abb. N. Cas. 214, 1890 N.Y. Misc. LEXIS 572 (N.Y. Super. Ct. 1890).

Pincite

Opinion

O’Brien, J.

If there was no dispute as to items of costs, the plaintiff, having succeeded in the action, would have been entitled to costs as of course. As a condition of being allowed to amend, plaintiff paid the term fees, etc., to defendants. Is it not clear that, if not allowed to tax these now, plaintiff has paid double costs for the amendment, viz., those actually paid to defendants, and those which the clerk has decided cannot be taxed against defendants because heretofore paid to the latter? The motion to retax granted, and the exceptions on appeal from the clerk’s taxation allowed.

Free access — add to your briefcase to read the full text and ask questions with AI

O’Brien, J.

If there was no dispute as to items of costs, the plaintiff, having succeeded in the action, would have been entitled to costs as of course. As a condition of being allowed to amend, plaintiff paid the term fees, etc., to defendants. Is it not clear that, if not allowed to tax these now, plaintiff has paid double costs for the amendment, viz., those actually paid to defendants, and those which the clerk has decided cannot be taxed against defendants because heretofore paid to the latter? The motion to retax granted, and the exceptions on appeal from the clerk’s taxation allowed.

Cite This Page — Counsel Stack

Bluebook (online)

11 N.Y.S. 5, 24 Abb. N. Cas. 214, 1890 N.Y. Misc. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dovale-v-ackerman-nysupct-1890.

Opinion

Related

Cite This Page — Counsel Stack