Majority
p. 566(81 Hun, 82.) MANHATTAN RY. CO. v. YOUMANS et al. (Supreme Court, General Term, First Department. October 12, 1894.) Argued before VAN BBTJNT, P. J., and O’BBIEN and FOLLETT, JJ.
Headnote
Costs—Review of Award.Where costs have been awarded by the court, the judgment cannot be reviewed on a taxation of the costs, but the remedy of the party is either an appeal from the judgment or to move to correct it, and then to appeal from the order denying such motion.
Appeal from special term, New York county.
Application by the Manhattan Bailway Company against Sarah E. Youmans. Emma L. Jacquelin, and Emma J. Balen, impleaded with others, relative to acquiring title to certain premises in the city of New York known as “Nos. 1, 3, and 5 New Bowery.” From an order denying a motion for a retaxation of costs, defendants appeal. Affirmed.
H. A. Forster, for appellants.
Wm. H. Godden, for respondent.
The judgment entered in this action appointing the commissioners having adjudged that the plaintiff was en
p. 567
titled to recover the costs of the trial, to be taxed by the clerk, left no discretion in the clerk as to whether costs were properly allowable or not. Costs having been awarded by the court, there is no power to review and reverse this judgment upon a taxation of costs. If the parties are of the opinion that because of the stipulation they should not be charged with costs, their only remedy is either a motion to correct the judgment, and an appeal from the order denying such motion, if it is denied, or by an appeal from the judgment. As long as the judgment stands directing the taxation of costs, under which the taxing officer acts, there seems to be no power to review such action, and set it aside, because of reason- which can in no respect affect his action. The order appealed from should be affirmed, with $10 costs and disbursements.