Hyperlawhypertext legal database People ex rel. Earwicker v. Dillon 57 N.Y.S. 1144

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People ex rel. Earwicker v. Dillon

57 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1899-03-21 English

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p. 1144
PEOPLE ex rel. EARWICKER, Appellants, v. DILLON et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
March 21, 1899.)

Headnote

Proceeding by the people of the state of New York, on the relation of Charles Earwicker, against Michael J. Dillon and others, constituting the town board of the town of New Rochelle.

Under section 2086, Code Civ. Proc., the amount of costs is in the discretion of the court. Considering that the question involved is entirely a new one, and that doubt may be entertained as to the duty of the respondents in the premises, we think the costs allowed by our order are sufficient. Motion denied. See 56 N. Y. Supp. 416 .