Majority
p. 87LAFOND v. JETZKOWITZ. N. Y. Supreme Court, First District; Chambers July, 1885.
Headnote
Costs ; Trial Fee.Under the Code of Civil Procedure, as under the old Code, a trial fee may be taxed for each trial; and the decisions under the old Code as to what constitutes a trial are still applicable.
Motion by the defendant for a d°w taxation of costs.
The action was for the conversion of a mortgage upon land in Russia. Upon the first trial, the jury disagreed, and upon the second, the plaintiff recovered.
The clerk having taxed in the plaintiff’s bill of costs two trial fees, defendant moved for a new taxation.
Charles Steckler, for the defendant and the motion.
A. P. & W. Man, for the plaintiff, opposed.
—Under the former Code, a trial fee
could be taxed for every trial, and where on the first trial the jury disagreed, and upon the second trial found a verdict for the defendant, it was held that the defendant could tax two trial fees (Hamilton v. Butler, 19 Abb. Pr. 446 ; Spring v. Day, 44 How. Pr. 390 ; Cregin v. Brooklyn Crosstown R. R. Co., 19 Hun, 349 ). The question is not free from doubt, but I think that
p. 88
a trial fee may still be taxed for each trial, and that the decisions heretofore made as to what constitutes a trial are applicable under the new Code.
Cases cited
- Hamilton v. Butler 19 Abb. Pr. 446 p. 87
- Spring v. Day 44 How. Pr. 390 p. 87