Majority
p. 798Andrew J. Shiels et al., Resp’ts, v. Sigismund B. Wortmann et al., App’lts. (Supreme Court, General Term, Second Department, Filed July 2, 1891.
Headnote
Costs—Extra allowance.Plaintiffs, as distributees under a will, brought this action against defendants, as executors, to recover damages for their misconduct. They submitted to a non-suit, which was afterwards opened, and after defendants had accounted again submitted to a non-suit. Held, that defendants were entitled to an extra allowance.
Motion for reargument The facts appear fully in the opinion handed down on the former hearing.
William J. Gaynor, for motion; Johnston & Johnston, opposed.
—We see no reason to change the opinion expressed upon the former argument of this appeal. 30 N. Y. State Rep., 173.
It seems clear that the ordinary bill of costs does not compensate defendants for the expenses imposed upon them by the action.
Nor do we find any reason why the plaintiffs should not be held to the ordinary liability of litigants.
The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion may be renewed at special term.
Barnard, P. J., and Dykman, J., concur.