People ex rel. Smith v. Aster

Decided February 9, 1886

New York Court of Appeals · decided 1886-02-09

<p>Taxation—Certiorari—Costs of appeal from special term are discretionary—Code of Civil Procedure, § 3239.</p> <p>Tlie .-tatute (Laws 1880, cliap. 269, § 6), only relieves the assessors irom costs upon the hearing at s-ecial u rm on return to the certiorari The costs on appeal there from are discretionary with the court.</p>

Decided 1886-02-09

Per Curiam.

¶1We 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 *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.

¶2All concur.