Public-domain · open source
OpenJurist

15 A.D. 212

Gillespy v. Bilbrough

Appellate Division of the Supreme Court of the State of New York · decided 1897-03-15

Appeal by the defendant, William H. Bilbrough, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 27th day of November, 1896, denying his motion to vacate an order granting the plaintiff an extra allowance. The plaintiff’s complaint is for money loaned, and demands judgment for $4,580, with interest from the 3d of June, 1896.

Decided 1897-03-15

Per Curiam :

¶1Unless we are prepared to hold that every case that goes to trial is a difficult and extraordinary case, within the meaning of the Code, this order cannot be sustained.

¶2What was said by the court in Duncan v. De Witt (7 Hun, 184) is still the law in relation to allowances of costs in difficult and extraordinary cases, and there is no need of reiterating what was there said.

¶3The expenses of litigation have become a great burden upon those compelled to go into courts of justice to settle their controversies, and the courts should be careful not to add to those burdens except for good and sufficient reasons.

¶4In this case the record does not disclose anything either difficult or extraordinary. It is a plain, every-day lawsuit. The only thing that is exceptional in it is the very brief time it took to try it.

¶5The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.

¶6All concurred.

¶7Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

/15/ad/212 · .json · Public domain