Jenkins v. Marsh

New York Supreme Court

Jenkins v. Marsh

136 Misc. 291, 240 N.Y.S. 728, 1930 N.Y. Misc. LEXIS 1127

CourtNew York Supreme Court

DecidedFebruary 12, 1930

StatusPublished

Cited by1 cases

This text of 136 Misc. 291 (Jenkins v. Marsh) 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

Jenkins v. Marsh, 136 Misc. 291, 240 N.Y.S. 728, 1930 N.Y. Misc. LEXIS 1127 (N.Y. Super. Ct. 1930).

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Opinion

Rodenbeck, J.

The item in the disbursements, taxed, obj ected to, is one for thirty dollars for a map, not introduced in evidence, but attached to the brief of the defendant Marsh. Its allowance is urged as one of the “ reasonable and necessary expenses ” of the trial. (Civ. Prac. Act, § 1518, subd. 10.) These reasonable and necessary expenses, however, are to be taxable only “ according to the course and practice of the court or by express provision of law.” There is no authority for taxing the item objected to, either in the course and practice of the court or by express provision of law. The rule with reference to briefs on appeal provides that they “ shall be printed ” in “ roman type.” (Rule 235.) There is no provision for the insertion of any map, sketch or photograph. If the item in question could be allowed, there would be no limit to the expense that could be incurred for sketches, maps or photographs which were not even introduced upon the trial. (Sinne v. Mayor, etc., 8 Civ. Proc. Rep. 252; Mark v. City of Buffalo, 87 N. Y. 184, 189; Rothery v. N. Y. Rubber Co., 90 id. 30, 32.)

The item should be disallowed, with ten dollars costs of motion to abide event.

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Rodenbeck, J.

The item in the disbursements, taxed, obj ected to, is one for thirty dollars for a map, not introduced in evidence, but attached to the brief of the defendant Marsh. Its allowance is urged as one of the “ reasonable and necessary expenses ” of the trial. (Civ. Prac. Act, § 1518, subd. 10.) These reasonable and necessary expenses, however, are to be taxable only “ according to the course and practice of the court or by express provision of law.” There is no authority for taxing the item objected to, either in the course and practice of the court or by express provision of law. The rule with reference to briefs on appeal provides that they “ shall be printed ” in “ roman type.” (Rule 235.) There is no provision for the insertion of any map, sketch or photograph. If the item in question could be allowed, there would be no limit to the expense that could be incurred for sketches, maps or photographs which were not even introduced upon the trial. (Sinne v. Mayor, etc., 8 Civ. Proc. Rep. 252; Mark v. City of Buffalo, 87 N. Y. 184, 189; Rothery v. N. Y. Rubber Co., 90 id. 30, 32.)

The item should be disallowed, with ten dollars costs of motion to abide event.

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Bluebook (online)

136 Misc. 291, 240 N.Y.S. 728, 1930 N.Y. Misc. LEXIS 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-marsh-nysupct-1930.

Opinion

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