Davis v. O. Glean

Decided January 15, 1856

New York Supreme Court · decided 1856-01-15

This action was tried by a referee, who decided that the plaintiff uas entitled to recover $961.02, and his costs. The plaintiff moved for an extra allowance under the 308th section of the Code. The relief demanded was both legal and equitable. It was objected that § 308 did not apply to an equitable action.

Decided 1856-01-15

Paige, Justice.

¶1Section 308 of the Code is not confined to actions for the enforcement of legal remedies. It embraces *311equitable as well as legal actions, wherever the action is for the recovery of money, or of real or personal property, and a trial has been had, and the case is a difficult or extraordinary one, an extra allowance may be made to the successful party, whether the action be legal or equitable, or partly legal and partly equitable.

¶2Under all the circumstances of this case, I shall make to the plaintiff an extra allowance of $73.