Elson v. New York Equitable Insurance

The Superior Court of New York City

Elson v. New York Equitable Insurance

2 Sandf. 654

The Superior Court of New York City·Decided August 1, 1849·Published

Opinion

Duer, J. (The Chief Justice concurring.)

Notice of the adjustment of the costs must be served in all cases where, the defendant has given notice of his appearance in the action. (Amended Code, § 311, 414.) The statute requires this, and the court cannot dispense with it. The former mode of taxing costs without notice, and then giving notice of re-taxing, is no longer [655]*655possible, for the judgment itself is irregular, if notice be omitted after the defendant appears in the action. The judgment must be vacated.

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

Duer, J. (The Chief Justice concurring.)

Notice of the adjustment of the costs must be served in all cases where, the defendant has given notice of his appearance in the action. (Amended Code, § 311, 414.) The statute requires this, and the court cannot dispense with it. The former mode of taxing costs without notice, and then giving notice of re-taxing, is no longer [655]*655possible, for the judgment itself is irregular, if notice be omitted after the defendant appears in the action. The judgment must be vacated.

Elson v. New York Equitable Insurance, 2 Sandf. 654 (N.Y. Super. Ct. 1849).

Pincite

2 Sandf. 654 (Elson v. New York Equitable Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.