Elson v. New York Equitable Insurance

The Superior Court of New York City

Elson v. New York Equitable Insurance

2 Sandf. 654

CourtThe Superior Court of New York City

DecidedAugust 1, 1849

StatusPublished

This text of 2 Sandf. 654 (Elson v. New York Equitable Insurance) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

2 Sandf. 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elson-v-new-york-equitable-insurance-nysuperctnyc-1849.