In re Owens — 62 N.Y. St. Rep. 107

Majority

p. 107

In the Matter of Owens, an Alleged Lunatic.

(New York Common Pleas, Special Term,

Filed May, 1894.)

Headnote

Costs—Application por judgment.

Where the court has only to render judgment or grant the final order on a special verdict, allowance on application for judgment before argument, and on argument, is proper.

Motion for retaxation of costs.

Appeal from taxation of costs by clerk, allowing-party $20 on application for judgment on special verdict before argument, and $40 for argument. Proceeding to traverse inquisition of lunacy. Issues were framed and submitted to a jury, and verdict rendered thereon. The Code allows the costs as taxed Where there has been a special verdict and judgment thereon; and it defines a special verdict to be one by which the jury finds the facts only, leaving the court to determine which party is entitled to judgment thereon. Code Civ. Proc., § 1186. This is such a case, for the whole issue of facts between the parties was embraced in the questions submitted to the jury, and the court had only to render judgment or grant the final order thereon. The final order recites that the verdict embraces all the material issues in the case. Motion for retaxation denied. No costs.