Martin v. McCormick

Decided January 11, 1851

The Superior Court of New York City · decided 1851-01-11

1st this case judgment was rendered in favor of the defendant after a trial at the special term. The plaintiff appealed to’ the. general term, where the judgment was affirmed. The defendant now moves for an allowance, in addition to the costs, under the three hundred and eighth section of the code, both in the court below and on the appeal. A similar motion in another suit, for an allowance on a judgment entered at the special term, was argued at the same time.

Cited by 1 later decisions — most recently February 1897

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-01-11

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Sandford, J. (with the concurrence of the Chief Justice and Paine, J.,)

¶1decided that, after judgment entered, it was too late for the prevailing party to apply for an allowance under this provision of the code. The amount allowed is to go into the judgment as a part of the “ charges for costs,’” mentioned in § 311.

¶2The provision in § 308 does not apply to judgments rendered on appeal.

¶3Motion denied.(a)

¶4 To the latter proposition is 2 Comst. 570, in the court of appeals, and to both is a decision of Parker, J., in the supreme conrt, third district, 5 Howard’s Pr. R. 242.