North v. Sargent

Decided October 15, 1861

New York Supreme Court · decided 1861-10-15

■Appeal from an order, disallowing five term-fees in a bill of costs, directed to be paid as a condition of granting a new trial. In this action, an appeal had been taken by the plaintiff from, a judgment entered upon the verdict of a jury, to the general term; the general term granted a new trial, on the ground that the verdict was against evidence, on payment of all costs from and after notice of trial.

Decided 1861-10-15

By the Court.*— Ingraham, J.

¶1—The defendant’s counsel caused the increase of term-fees by insisting before the judge at special term on retaining the verdict. Having been in error there, he ought not to receive the benefit of his error by being paid the term-fees incurred while the appeal was pending. We think the order made at special term, now appealed from, should be affirmed without costs. The order at the general term is informally entered, and ought not to have included these term-fees.

¶2Order appealed from affirmed without costs.

¶3 Present, Clerke, P. J., Ingraham and Leonard, JJ.