Kenney v. Van Horne

Decided November 15, 1806

New York Supreme Court · decided 1806-11-15

On an appeal from the taxation of the costs in this cause, by the clerk, Pendleton, for the defendants, contended, that the expenses of certain commissions taken out to examine witnesses, on the part of the plaintiff, and not réturned, ought not to be allowed.

Good law ✅— No negative treatment on recordhow we know

Decided 1806-11-15

How this case has been cited

Cited by 4 later decisions — most recently May 1923

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1After examinining the act for regulating fees>* &c- we are of opinion, that the costs of suing out the commissions, such as the affidavit, notice, and motion, drawing, engrossing, and sealing the commission, &c. may be taxed ; but the expenses of executing the commission, not being within the provisions of the act, are not to be allowed. The preparing or making up of cases for argument in a cause, is not comprehended among any of the particular services specified in the act. And unless it comes within some one of the services provided for by the act, it cannot be taxed.

¶2 Laws of N. Y. vol 2 p.66