In re Hood's Estate

1 N.Y.S. 833, 17 N.Y. St. Rep. 705, 1888 N.Y. Misc. LEXIS 1602

Opinion

Pratt, J.

This is an appeal from an order allowing costs. The court of appeals reversed the case, with costs. The ease was one where costs were discretionary. This decision of the court of appeals meant costs in that court only, and the supreme court had no power to aUow costs after such a disposition of the case. In re Commissioners, 104 N. Y. 677, 10 N. E. Rep. 545, and cases there cited. This decision disposes of the matter. The order must be reversed, with costs and disbursements.