In re Barnett

New York Supreme Court

In re Barnett

52 How. Pr. 73

DecidedOctober 15, 1876

StatusPublished

This text of 52 How. Pr. 73 (In re Barnett) 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

In re Barnett, 52 How. Pr. 73 (N.Y. Super. Ct. 1876).

Pincite

Opinion

Barrett, J.

There seems to have been some conflict as to what is a special proceeding (27 N. Y., 629; 20 How., 304; 4 Keys, 66).

[75]*75But none of the cases doubt that where the matter is in court, and not merely before a judicial officer out of court, section 3 of the Code applies. The present proceeding was in the court." The writ was returnable thereto, and the final judgment was at special term. Under these circumstances 55 N. Y., is applicable, and the taxation must be affirmed.

Taxation affirmed.

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Barrett, J.

There seems to have been some conflict as to what is a special proceeding (27 N. Y., 629; 20 How., 304; 4 Keys, 66).

[75]*75But none of the cases doubt that where the matter is in court, and not merely before a judicial officer out of court, section 3 of the Code applies. The present proceeding was in the court." The writ was returnable thereto, and the final judgment was at special term. Under these circumstances 55 N. Y., is applicable, and the taxation must be affirmed.

Taxation affirmed.

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Bluebook (online)

52 How. Pr. 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-barnett-nysupct-1876.

Opinion

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