People ex rel. Smith v. Aster — 1 N.Y. St. Rep. 37

Majority

p. 37

People ex rel. Smith, Jr., v. Aster and others.

(Court of Appeals,

Filed February 9, 1886.)

Headnote

Taxation—Certiorari—Costs of appeal from special term are discretionary—Code of Civil Procedure, § 3239.

Tlie .-tatute (Laws 1880, cliap. 269, § 6), only relieves the assessors irom costs upon the hearing at s-ecial u rm on return to the certiorari The costs on appeal there from are discretionary with the court.

Mr. Dean, for respondents.

Mr.. Man, for appellant.

We think the statute now referred to by the respondent (Laws 1880, chap. 269, § 6) only reheves the assessors from costs upon the hearing at special term on return to the certiorari. An appeal from the determination there made is a different matter, subsequently provided for, and directed to be heard and determined in like manner as

p. 38

an appeal from an order. Laws 1880, chap. 269, § fI. In such a case costs are to be given or withheld in the discretion of the court (Code, § 3239), and they were so awarded. The motion to amend the remittitur is therefore denied, with costs.

All concur.