Erie Railway Co. v. Ramsey

Headnote

Disbursements for Printing Appeal Papers.

On appeal from an order, the court may allow the successful party, in addition to the costs, the disbursements for printing the papers and points.

Motion to resettle orders.

The defendants brought two appeals to the general

term—one from an order of the special term, confirming the continuance of the injunction granted therein ; the other, from an order of the special term, refusing to entertain a motion to modify or dissolve the injunction, based upon a new state of facts, arising since the order granting it, because leave to make such motion had not been previously obtained. Both appeals were decided in favor of the defendants, and the orders of special term were reversed with costs, and on November 14, 1870, orders were entered accordingly in the general term; and each order, so entered, contained this clause, viz:

“It is ordered, that such order of the special term be, and the same hereby is reversed, with ten dollars costs, and disbursements for printing papers and points in such appeal.”

These orders having been served upon the plaintiffs’ attorneys, they gave notice to defendants’ attorneys that the- orders would be presented to this court, at a general term thereof, to be held at the court-house in the "city of New York, on November 21, 1870, for resettlement. In pursuance of this notice, a motion was made on behalf of the plaintiffs, that the orders be resettled, by striking from each this clause, ‘ ‘ and disbursements for printing papers and points in such appeal.”