Miller v. Miller

New York Supreme Court

Miller v. Miller

67 How. Pr. 135, 39 N.Y. Sup. Ct. 481

DecidedMay 15, 1884

StatusPublished

This text of 67 How. Pr. 135 (Miller v. Miller) 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

Miller v. Miller, 67 How. Pr. 135, 39 N.Y. Sup. Ct. 481 (N.Y. Super. Ct. 1884).

Pincite

Opinion

By the Court.

— The question in this case has, we think, already been decided in this court. But as we are not able at this time to refer to that decision, we will briefly state our reasons for affirming the order.

The clause in the repealing act (chap. 245, Laws 1880, sec. 3, subd. 8) does not affect the question because it has reference simply to provisions of the Revised Statutes.

The law granting disbursements as a matter of right is in the Code of Procedure (sec. 317).

The Code of Civil Procedure (sec. 3246) takes the place of section 317 of the old Code, and does not give disbursements as a matter of right.

[144]*144Disbursements then, like costs, are to be awarded by the court, as provided in sections 1835 and 1836, Code of Civil Procedure (R. S., part 2, tit. 3, chap. 6, sec. 37). They do not belong to the prevailing party in such cases as a matter of right.

Order affirmed, with ten dollars costs and printing disbursements.

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