Child v. Hunter

Decided November 18, 1830

New York Supreme Court · decided 1830-11-18

In this case,- the commissioner-taxed a fee of $2 to the attorney and $2 to counsel for attendance before referees, in a case in which the plaintiff was entitled only to common pleas costs. It was objected that an allowance of one fee only was taxable for each attendance, and so it was held.

Good law ✅— No negative treatment on recordhow we know

Decided 1830-11-18

How this case has been cited

Cited by 10 later decisions — most recently January 1898

9 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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¶1By the Court,

Savage, Ch. J.

¶2Where common pleas costs only are recoverable, a fee of $2 is given to the attorney on a reference, or attending prepared for reference, and no allowance whatever is made to counsel; where supreme court costs are recoverable, the fee bill makes an allowance to counsel for attending a reference, but none to the attorney. *104One fee only ought therefore to have been taxed for each attendance. The decision in Wilson v. White, 2 Wendell, 265, allowing a fee both to attorney and counsel, was in a case where supreme court costs were recoverable, and besides, was made previous to the new fee bill under the revised statutes going into operation.