Waterbury v. Westervelt

Headnote

Where the judge at the trial, reserves for further consideration the questions of law arising upon the trial or verdict, and they are subsequently disposed of at the special term, the successful party is entitled to recover for such term, the fee prescribed by the code for the trial of an issue of law.

He is so entitled, although the cause was not placed on the calendar, and was heard on the minutes of the clerk, without any case or bill of exceptions.

At the trial in October, the jury found specially on certain propositions submitted by the judge. ¡No judgment was given on the verdict. At the December special term, the plaintiff, on notice, applied to the judge holding the term, who rendered judgment on the verdict in favor of the plaintiff. ¡No‘ case or bill of exceptions had been prepared, and the cause was not placed on the calendar of law issues. The motion was made on the verdict as contained in the minutes. The question arose whether the plaintiff can tax for the trial of an issue of law, under the third subdivision of section 307, of the code of procedure.