Potter v. Richards
This text of 10 Wend. 607 (Potter v. Richards) 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.
Opinion
By the Court,
A taxation was undoubtedly proper; there was a suit pending, and in a proceeding had therein, the defendant became entitled to costs, which could be liquidated only by taxation. I am of opinion, however, that the commissioner erred in the taxation. Besides fees to officers, the statute allows costs and expenses incurred by the defendant; these terms do not moan all expenses which may be incurred ; they mean only taxable costs. When the legislature intend to give a party his disbursements, they use that term; they have not done so here, and the defendant can have no other fees', costs or expenses, than are provided by statute. A retaxation, therefore, is ordered.
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10 Wend. 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-richards-nysupct-1834.