Kronsberg v. Mayer

Superior Court of New York

Kronsberg v. Mayer

15 N.Y.S. 328, 1890 N.Y. Misc. LEXIS 3614

The Superior Court of the City of New York and Buffalo·Decided November 1, 1890·Published

Opinion

Dugro, J.

It seems that this action was. upon the day calendar, and both sides ready, when it was discontinued by consent, upon defendant’s stipulating to pay taxable costs. It appears that the case was -not actually reached in its regular order. It had been called and passed, and could not, therefore, be moved for trial. Ho trial fee is therefore recoverable. Sutphen v. Lash, 10 Hun, 120; Ehlers v. Willis, 63 How. Pr. 341, are in point, but not Jones v. Case, 38 How. Pr. 349. The taxation is reversed as to the trial fee, and the motion to strike it out granted, with $10 costs.

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Dugro, J.

It seems that this action was. upon the day calendar, and both sides ready, when it was discontinued by consent, upon defendant’s stipulating to pay taxable costs. It appears that the case was -not actually reached in its regular order. It had been called and passed, and could not, therefore, be moved for trial. Ho trial fee is therefore recoverable. Sutphen v. Lash, 10 Hun, 120; Ehlers v. Willis, 63 How. Pr. 341, are in point, but not Jones v. Case, 38 How. Pr. 349. The taxation is reversed as to the trial fee, and the motion to strike it out granted, with $10 costs.

Kronsberg v. Mayer, 15 N.Y.S. 328, 1890 N.Y. Misc. LEXIS 3614 (superctny 1890).

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