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Harrison v. Wilson

82 N.Y.S. 1102 Court N.Y. App. Div. Decision date 1903-06-05 English

Contents

Majority

p. 1102
HARRISON et al., Respondents, v. WILSON et al., Appellants.
(Supreme Court, Appellate Division, First Department.
June 5, 1903.)

Headnote

Action by Antoinette P. Harrison and others against George Wilson and others. From an order opening default, and granting leave to defendant Barker to serve bill of particulars, the said defendant appeals. Modified. J. Rider Cady, for appellant. J. Woolsey Shepard, for respondents.

Under the circumstances of this case, the defendant should only pay, as a condition of opening his default and serving the bill of particulars, costs after notice of trial, $15; one term fee, $10; costs of opposing motion, $10;, and witnesses’ fees, $11.04—making a total of $46.04. The order should be modified accordingly, and, as modified, affirmed, without costs of this appeal to either party.