¶1T think that the term fees—$20 for two terms at the general term—should be stricken from the taxed bills of costs. The case was not in a condition to be argued, and therefore was not properly on the calendar until it was in the proper form for the consideration of the appellate branch of the court, and that was not until the corrections required by the general term were actually made; and for the term at which the argument was had no term fee can be allowed. In other respects the clerk’s taxation was correct.
13 N.Y.S. 837
Nobis v. Pollock
Decided November 24, 1889
New York Supreme Court · decided 1889-11-24
Action by Charles T. Nobis against W. J. Pollock and Louisa Pollock for the foreclosure of certain liens. There was a judgment in plaintiff’s favor at special term, and defendant appealed to the general term. When the cause was reached on the calendar of the general term, it was discovered that the findings had not been signed by the trial judge, and the general term refused to hear argument.
Decided 1889-11-24