Arnow v. Ferguson — 50 N.Y. St. Rep. 509

Majority

p. 509

Thomas C. Arnow et al., Resp'ts, v. John D. Ferguson, Impl'd, App'lt.

(Supreme Court, General Term, Second Department,

Filed December 12, 1892.)

Headnote

-Costs—Res adjudicata.

On recovery by defendants the court ordered that but one bill of costs be taxed, which was taxed in favor of 0. A bill was also taxed in favor of F., which was vacated and the order of vacation affirmed on appeal. Held, that an appeal from an order restraining the taxing of a bill of costs for F. was governed by the former decision.

Appeal from order forbidding taxation of costs in favor of defendant Ferguson.

William C. Reddy, for app’lt;

Seward Balcer (J. W. Bartram, of counsel), for resp’t.

This was an action for trespass on lands against several defendants, and a verdict was rendered in their favor at the circuit.

p. 510

Thereupon the trial j udge ordered that but one bill of costs should be taxed in favor of the defendants against the plaintiff.

Notwithstanding that order the defendant Ferguson taxed a bill of costs in his favor and entered a judgment therefor, although the costs were allowed by the same order of the trial judge to the defendant Charles.

That judgment was vacated and the defendant appealed from the order to the general term, where it was affirmed. 80 St. Rep., 851 .

Thereafter the defendant Ferguson noticed another bill of costs for taxation, and on motion an order was made at special term restraining the taxation thereof, and from that order we have this appeal.

There is nothing new presented, and this appeal is governed by the former decision of the general term.

The order should be affirmed, with ten dollars costs and disbursements.

Pratt, J., concurs; Barnard, P. J., not sitting.