Ross v. Bayer-Gardner-Himes Co.

Appellate Division of the Supreme Court of New York

Ross v. Bayer-Gardner-Himes Co.

87 N.Y.S. 36, 92 A.D. 616

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1904·Published

Opinion

PER CURIAM.

The order should be modified by requiring the plaintiff, as a condition for the -service of the amended complaint, to pay to the defendant all costs in the action, except a trial fee for the trial at which a juror was withdrawn, the court having imposed the payment of such trial fee upon the plaintiff as a condition for allowing the withdrawal of the juror, and, as thus modified, the order should be affirmed, without costs of this appeal.

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PER CURIAM.

The order should be modified by requiring the plaintiff, as a condition for the -service of the amended complaint, to pay to the defendant all costs in the action, except a trial fee for the trial at which a juror was withdrawn, the court having imposed the payment of such trial fee upon the plaintiff as a condition for allowing the withdrawal of the juror, and, as thus modified, the order should be affirmed, without costs of this appeal.

Ross v. Bayer-Gardner-Himes Co., 87 N.Y.S. 36, 92 A.D. 616 (N.Y. Ct. App. 1904).

Pincite

87 N.Y.S. 36 (Ross v. Bayer-Gardner-Himes Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.