Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 77) - Softcover

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... COSTS--Continued. Paob. the receiver's action in defending the appeal to the Appellate Division and in:aking the appeal to the Court of Appeals was unwarranted and that the judgment creditor was thereby relieved from liability for the costs of the appeals. Droege V. Baxter 78 2. Security for coals--cannot be required of the committee of an incom-petent in an action against him. The express permission given to the court iu section 3271 of the Code of Civil Procedure, to require security for costs to be given in an action brought by the committee of an incompetent, is an implied denial of the right to require the giving of such security in an action brought against such a committee. Kelly V. Kelly 519 8. Additional allowance of costs--an action to recover for personal injuries in a collision at a railroad crossing is not extraordinary." An action to recover damages for personal injuries, sustained in a collision at a railroad crossing, may be difficult, but cannot be said to be extraordinary, and, con-sequently, an extra allowance of costs cannot be granted in such an action. (Code Civ. Proc. § 8258.) Smith V. Lehigh Valley R. R. Co. (No. 2).... 47 When they should not be imposed as a condition of granting a new trial. Cohen V. Krulewitch 126 See New Trial. Taxable costs as a measure of an attorney's compensation. Bowery Bank V. Hart 121 See Mortgage. COUNTERCLAIM: See Set-off. COUNTY--Unauthorized publication of abstracts of town and county accounts. 1. Section 51 of the County Law (Laws of 1882, chap. 686) and section 170 of the Town Law (Laws of 1890, chap. 569), relative to the publi-cation of the abstracts of town and county accounts, contemplate that all the abstracts shall be grouped together in a single publication. Rogers V. Board Of Super Vis...