Lawrence v. Smith

New York Supreme Court

Lawrence v. Smith

18 Abb. Pr. 196

DecidedJuly 15, 1864

StatusPublished

This text of 18 Abb. Pr. 196 (Lawrence v. Smith) 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

Lawrence v. Smith, 18 Abb. Pr. 196 (N.Y. Super. Ct. 1864).

Pincite

Opinion

By the Court.—Daniels, J.

Held tl\at the plaintiff on the motion for a new trial at the special term was entitled to but $10 motion-costs, as the proceeding was a mere motion, and not embraced within subdivision 5, of .section 307. The court referred to Jackett a. Judd (18 How. Pr., 385), as being decisive of the question involved in this case; and held that the amendment of 1864, by the substitution of the word “or,” in the place of “ as;” so that it should read “ or for a new trial, on a case made,” instead of “ as for a new trial, on a case made,” did not vary the rule as to the amount of costs to be allowed on a motion for a new trial at the special term.

The motion for a readjustment of costs granted, with $10 costs • of motion, with directions that the clerk disallow the items of $20 and $40 for argument on appeal, and in lieu thereof, allow the plaintiff $10.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.—Daniels, J.

Held tl\at the plaintiff on the motion for a new trial at the special term was entitled to but $10 motion-costs, as the proceeding was a mere motion, and not embraced within subdivision 5, of .section 307. The court referred to Jackett a. Judd (18 How. Pr., 385), as being decisive of the question involved in this case; and held that the amendment of 1864, by the substitution of the word “or,” in the place of “ as;” so that it should read “ or for a new trial, on a case made,” instead of “ as for a new trial, on a case made,” did not vary the rule as to the amount of costs to be allowed on a motion for a new trial at the special term.

The motion for a readjustment of costs granted, with $10 costs • of motion, with directions that the clerk disallow the items of $20 and $40 for argument on appeal, and in lieu thereof, allow the plaintiff $10.

Cite This Page — Counsel Stack

Bluebook (online)

18 Abb. Pr. 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-smith-nysupct-1864.

Opinion

Related

Cite This Page — Counsel Stack