Klinck v. Kelly

New York Supreme Court

Klinck v. Kelly

15 Abb. Pr. 135

DecidedJuly 1, 1873

StatusPublished

This text of 15 Abb. Pr. 135 (Klinck v. Kelly) 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

Klinck v. Kelly, 15 Abb. Pr. 135 (N.Y. Super. Ct. 1873).

Pincite

Opinion

Fancher, J.

Where a sheriff succeeds in Ms de- . fense, he is entitled to “ double” costs, including disbursements ; that is, to the adjusted bill of costs and disbursements, fifty per cent, more must be added. The statute as to double costs is not affected by the Code.

Subdivision 7 of section 307 of the Code allows but • five term fees, and no more. All above that number must be stricken from' the bill.

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Fancher, J.

Where a sheriff succeeds in Ms de- . fense, he is entitled to “ double” costs, including disbursements ; that is, to the adjusted bill of costs and disbursements, fifty per cent, more must be added. The statute as to double costs is not affected by the Code.

Subdivision 7 of section 307 of the Code allows but • five term fees, and no more. All above that number must be stricken from' the bill.

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Bluebook (online)

15 Abb. Pr. 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klinck-v-kelly-nysupct-1873.