In re the Judicial Settlement of the Account of Perry

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Perry

131 A.D. 284, 115 N.Y.S. 744, 1909 N.Y. App. Div. LEXIS 796

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1909

StatusPublished

Cited by1 cases

This text of 131 A.D. 284 (In re the Judicial Settlement of the Account of Perry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Judicial Settlement of the Account of Perry, 131 A.D. 284, 115 N.Y.S. 744, 1909 N.Y. App. Div. LEXIS 796 (N.Y. Ct. App. 1909).

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Opinion

Gaynor, J.:

It is not necessary to amend our judgment of riiodification of the decree of the Surrogate by adding the words “ and disbursements ” to the words “ with costs ”. The latter phrase includes disbursements except in appeals from orders; following by analogy in the case of Surrogate’s decrees or judgments the express provision of section "3256 of the Code of Civil Procedure in respect of other courts, viz., that “ a party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements There is no foundation for the suggestion that under our order the costs are to be paid out of the estate. If we meant that we would have said it. To grant this motion would be to introduce a bad precedent. ■ . The motion is denied, without costs.

Woodward, Jenks, Burr and Rich, JJ., concurred.

Motion denied, without costs.

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Gaynor, J.:

It is not necessary to amend our judgment of riiodification of the decree of the Surrogate by adding the words “ and disbursements ” to the words “ with costs ”. The latter phrase includes disbursements except in appeals from orders; following by analogy in the case of Surrogate’s decrees or judgments the express provision of section "3256 of the Code of Civil Procedure in respect of other courts, viz., that “ a party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements There is no foundation for the suggestion that under our order the costs are to be paid out of the estate. If we meant that we would have said it. To grant this motion would be to introduce a bad precedent. ■ . The motion is denied, without costs.

Woodward, Jenks, Burr and Rich, JJ., concurred.

Motion denied, without costs.

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131 A.D. 284, 115 N.Y.S. 744, 1909 N.Y. App. Div. LEXIS 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-perry-nyappdiv-1909.

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