Neilson v. Mutual Insurance

The Superior Court of New York City

Neilson v. Mutual Insurance

10 Duer 683

CourtThe Superior Court of New York City

DecidedSeptember 26, 1854

StatusPublished

This text of 10 Duer 683 (Neilson v. Mutual Insurance) 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

Neilson v. Mutual Insurance, 10 Duer 683 (N.Y. Super. Ct. 1854).

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Opinion

Bosworth, J,

held (with the concurrence of Oakley, C.J., and Duer, J.), that the clerk’s adjustment was correct. He said that § 373 is explicit, that no costs “ for any proceeding prior to notice of trial,” shall be allowed. The argument at General Term, is a trial of the questions of law arising upon the admitted facts. For this trial, the clerk allowed $12. The items of $15 and $30 are allowed only on appeal (§ 307, sub. 6). A hearing under § 372 is not one on an appeal, but an original hearing, or trial.

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Bosworth, J,

held (with the concurrence of Oakley, C.J., and Duer, J.), that the clerk’s adjustment was correct. He said that § 373 is explicit, that no costs “ for any proceeding prior to notice of trial,” shall be allowed. The argument at General Term, is a trial of the questions of law arising upon the admitted facts. For this trial, the clerk allowed $12. The items of $15 and $30 are allowed only on appeal (§ 307, sub. 6). A hearing under § 372 is not one on an appeal, but an original hearing, or trial.

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Bluebook (online)

10 Duer 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neilson-v-mutual-insurance-nysuperctnyc-1854.