In re Niles

New York Supreme Court

In re Niles

12 N.Y.S. 157, 34 N.Y. St. Rep. 720, 58 Hun 608, 1890 N.Y. Misc. LEXIS 3370

DecidedDecember 10, 1890

StatusPublished

This text of 12 N.Y.S. 157 (In re Niles) 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 Niles, 12 N.Y.S. 157, 34 N.Y. St. Rep. 720, 58 Hun 608, 1890 N.Y. Misc. LEXIS 3370 (N.Y. Super. Ct. 1890).

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Opinion

Pratt, J.

It was clearly within the discretion of the surrogate to fix such a sum to be allowed- as costs in addition to disbursements as he deemed reasonable, not exceeding $70, where there has been a contest, and, in addition, he may allow the sum of $10 for each day in excess of two spent upon the trial. It cannot be said that there has been an abuse of discretion when the amount allowed is within the statute, as it.is in this matter. We think, however, under the circumstances disclosed in this case, an allowance of the $70 as costs, in addition to disbursements, would have amply answered the demands of justice. Hot only would that sum have been a sufficient allowance, but it would have complied with the decision of the court of appeals in this matter. We cannot, however, review an order clearly within the discretion of the surrogate, where there has been no abuse of said discretion. There seems to be no remedy for the appellant in this matter, unless it be a reargument before the surrogate, as that order is final and conclusive on the question of costs.

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Pratt, J.

It was clearly within the discretion of the surrogate to fix such a sum to be allowed- as costs in addition to disbursements as he deemed reasonable, not exceeding $70, where there has been a contest, and, in addition, he may allow the sum of $10 for each day in excess of two spent upon the trial. It cannot be said that there has been an abuse of discretion when the amount allowed is within the statute, as it.is in this matter. We think, however, under the circumstances disclosed in this case, an allowance of the $70 as costs, in addition to disbursements, would have amply answered the demands of justice. Hot only would that sum have been a sufficient allowance, but it would have complied with the decision of the court of appeals in this matter. We cannot, however, review an order clearly within the discretion of the surrogate, where there has been no abuse of said discretion. There seems to be no remedy for the appellant in this matter, unless it be a reargument before the surrogate, as that order is final and conclusive on the question of costs.

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Bluebook (online)

12 N.Y.S. 157, 34 N.Y. St. Rep. 720, 58 Hun 608, 1890 N.Y. Misc. LEXIS 3370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-niles-nysupct-1890.