Warren v. Warren

Motion granted, and questions certified as follows: (1) In a partition suit, where several different attorneys appear for several different defendants, and file answers creating issues, can the trial court, in' the exercise of its discretion under section 3253 of the Code of Civil Procedure, grant an extra' allowance of 5 per cent, to the plaintiff, and any further sum, not exceeding 5 per cent., to the attorneys for the defendants? (2) The trial court having exercised its discretion, and ‘having granted 5 per cent, extra allowance to: a plaintiff and 5 per cent, to each of four different sets of defendants appearing by separate attorneys, can such court, on motion, after the entry of judgment, at the instance of a defendant who has defaulted, without showing excuse ■ •for his default, amend the judgment by striking out all extra allowances so granted? See, also, 124 N. Y. Supp. 1133 .