Potter v. Ellis

New York Supreme Court

Potter v. Ellis

5 Hill & Den. 511

DecidedAugust 15, 1843

StatusPublished

This text of 5 Hill & Den. 511 (Potter v. Ellis) 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

Potter v. Ellis, 5 Hill & Den. 511 (N.Y. Super. Ct. 1843).

Pincite

Opinion

By the Court, Bronson, J.

Attending or preparing for each trial is a service actually performed by the attorney, and two trial fees may therefore be properly taxed where, as in. this case, the costs of the first trial are ordered to abide the event of the suit. But a new brief is not supposed to be necessary for'a second trial of the same issue, and we think that two briefs should not have been allowed.'

Motion granted.

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By the Court, Bronson, J.

Attending or preparing for each trial is a service actually performed by the attorney, and two trial fees may therefore be properly taxed where, as in. this case, the costs of the first trial are ordered to abide the event of the suit. But a new brief is not supposed to be necessary for'a second trial of the same issue, and we think that two briefs should not have been allowed.'

Motion granted.

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Bluebook (online)

5 Hill & Den. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-ellis-nysupct-1843.