5 Abb. Pr. 14
Decided June 15, 1857
New York Supreme Court · decided 1857-06-15
This action was commenced by the service of the summons and complaint on the defendants (of whom there were three), on March 14,1857. There was no answer, or appearance, by either of the defendants. The time to answer the complaint expired, as to all the defendants, on April 3,1857. The costs were taxed and judgment entered in Wayne county clerk’s office on May 14,1857.
Cited by 1 later decisions — most recently October 1914
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1857-06-15
View the full empirical analysis of this case →
¶1The right to costs, as to the recovery of the same, and as to their rate and amount, and as to the items to be allowed, are to be controlled by the statutes in force at the time of the taxation, that being the time at which the right to *16costs accrues. The costs in this case were, therefore, rightfully taxed at ten-dollars for all proceedings before notice'of trial, and four dollars for the two additional defendants.
¶2The motion must be denied.