Hyperlawhypertext legal database Bowery Savings Bank v. Mahler 45 N.Y. Super. Ct. 619

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Bowery Savings Bank v. Mahler

45 N.Y. Super. Ct. 619 13 Jones & S. 619 Court N.Y. Super. Ct. Decision date 1879-11-03 English

Delivered by Freedman, J.,

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p. 619
In the Matter of the Petition of THE BOWERY SAVINGS BANK v. CAMILLE MAHLER, as Executor, and GEORGETTE GOLDNER, for an Interpleader.

Headnote

I. Ihtepleader.
1. Moti/m for, by savings bank.
The application of the bank, under Laws 1875, c. 371, § 25, was a motion in the action then pending against it, and not a special proceeding.
Costs.—The order of interpleader allowed “ the costs of the petitioner herein.” Held, costs in the action to time of
p. 620
motion were meant. The order was not appealed from, and hence was binding on the cleric and judge who entertained the appeal from the taxation.
Before Speir and Freedman, JJ.
Decided November 3, 1879.
Appeal from order re-adjusting petitioner’s costs.
Carlisle Norwood, Jr., for petitioner, appellant.
Downing & Stanbrough, for Georgette Goldner, respondent.

wrote, holding as above, and that the re-adjustment ordered being correct as to the amount, notwithstanding the assignment of an erroneous reason, the order appealed from must be affirmed, with costs.

Speir, J., concurred.