People ex rel. Smith v. Aster

New York Court of Appeals

People ex rel. Smith v. Aster

1 N.Y. St. Rep. 37

New York Court of Appeals·Decided February 9, 1886·Published

Opinion

Per Curiam.

We think the statute now referred to by the respondent (Laws 1880, chap. 269, § 6) only reheves the assessors from costs upon the hearing at special term on return to the certiorari. An appeal from the determination there made is a different matter, subsequently provided for, and directed to be heard and determined in like manner as [38]*38an appeal from an order. Laws 1880, chap. 269, § fI. In such a case costs are to be given or withheld in the discretion of the court (Code, § 3239), and they were so awarded. The motion to amend the remittitur is therefore denied, with costs.

All concur.

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Per Curiam.

We think the statute now referred to by the respondent (Laws 1880, chap. 269, § 6) only reheves the assessors from costs upon the hearing at special term on return to the certiorari. An appeal from the determination there made is a different matter, subsequently provided for, and directed to be heard and determined in like manner as [38]*38an appeal from an order. Laws 1880, chap. 269, § fI. In such a case costs are to be given or withheld in the discretion of the court (Code, § 3239), and they were so awarded. The motion to amend the remittitur is therefore denied, with costs.

All concur.

People ex rel. Smith v. Aster, 1 N.Y. St. Rep. 37 (N.Y. 1886).

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