Steward v. Lamoreaux

New York Supreme Court

Steward v. Lamoreaux

5 Abb. Pr. 14

New York Supreme Court·Decided June 15, 1857·Published·Cited by 2 cases

Opinion

E. Darwin Smith, J.

The right to costs, as to the recovery of the same, and as to their rate and amount, and as to the items to be allowed, are to be controlled by the statutes in force at the time of the taxation, that being the time at which the right to [16] costs accrues. The costs in this case were, therefore, rightfully taxed at ten-dollars for all proceedings before notice'of trial, and four dollars for the two additional defendants.

The motion must be denied.

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E. Darwin Smith, J.

The right to costs, as to the recovery of the same, and as to their rate and amount, and as to the items to be allowed, are to be controlled by the statutes in force at the time of the taxation, that being the time at which the right to [16] costs accrues. The costs in this case were, therefore, rightfully taxed at ten-dollars for all proceedings before notice'of trial, and four dollars for the two additional defendants.

The motion must be denied.

Steward v. Lamoreaux, 5 Abb. Pr. 14 (N.Y. Super. Ct. 1857).

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Opinion

E. Darwin Smith, J.

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