Livingston v. Vielle Montagne Zinc Mining Co.

The Superior Court of New York City

Livingston v. Vielle Montagne Zinc Mining Co.

2 Abb. Pr. 255, 11 Duer 681

CourtThe Superior Court of New York City

DecidedNovember 15, 1855

StatusPublished

This text of 2 Abb. Pr. 255 (Livingston v. Vielle Montagne Zinc Mining Co.) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Livingston v. Vielle Montagne Zinc Mining Co., 2 Abb. Pr. 255, 11 Duer 681 (N.Y. Super. Ct. 1855).

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Opinion

Duer, J., {orally).

The defendants cannot be allowed the term fees for April and May, since had the cause been reached at either of those terms it could not have been tried. The stipulation fixing the date of issue only availed to give the cause a preference on the calendar, if when reached it was in a state to be tried, but did not give either party any right to fees for a term at which no trial could be had. Even if the plaintiffs had prevailed, they would not have been entitled to [256]*256term fees for April and May. A party has no right to term fees until a cause is actually at issue, whether the date of the issue be fixed by stipulation, and the cause be placed on the calendar, or not.

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Duer, J., {orally).

The defendants cannot be allowed the term fees for April and May, since had the cause been reached at either of those terms it could not have been tried. The stipulation fixing the date of issue only availed to give the cause a preference on the calendar, if when reached it was in a state to be tried, but did not give either party any right to fees for a term at which no trial could be had. Even if the plaintiffs had prevailed, they would not have been entitled to [256]*256term fees for April and May. A party has no right to term fees until a cause is actually at issue, whether the date of the issue be fixed by stipulation, and the cause be placed on the calendar, or not.

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Bluebook (online)

2 Abb. Pr. 255, 11 Duer 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-vielle-montagne-zinc-mining-co-nysuperctnyc-1855.