¶1 We think an additional allowance, beyond the costs given by the 307th section of the code, can only be made by the court of original jurisdiction and in reference to the trial in that court.
¶2 Motion denied.
2 N.Y. 570
Wolfe v. . Van Nostrand
Decided January 5, 1850
New York Court of Appeals · decided 1850-01-05
Wol'fe and others brought ejectment in the, superior court of the city of New-York, where judgment passed for the defendant. The plaintiff then brought a writ of error to this court, after July 1, 1848, and in September last the judgment was affirmed. now moved for an additional allowance, pursuant to the 308th section of the code. He said a writ of error was a new suit; and there has been a trial in this court within the definition of a trial as given by the code.
Good law ✅— No negative treatment on recordhow we know
Decided 1850-01-05
How this case has been cited
Cited by 7 later decisions — most recently November 1914
7 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.
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