53 How. Pr. 31
New York Court of Common Pleas
Decided November 15, 1876
New York Court of Common Pleas · decided 1876-11-15
There were two actions pending against the same defendant, one in favor of Hecht and others, and the other in favor of Steiner and others. The answers had been served, and the plaintiffs in each case obtained an order from the Saratoga county judge to examine the defendant before trial under section 391 of the Code. The defendant and the attorneys for both parties resided at Saratoga Springs.
Decided 1876-11-15
¶1contended that the - attorney for the defendant was paid by the ten dollars allowed in the other case. Second. That, as no examination had ever been had in the Steiner case, the service was never performed for which the statute allows the ten dollars, and, therefore, it should not he taxed against the opposite party.
¶2A. Pond, for defendant.
¶3The court, Landon, J., held that the ten dollars was properly allowed in each case, and affirmed the adjustment of costs.