Hyperlawhypertext legal database Conkling v. Bloodgood 12 Wend. 279

← Cases

Conkling v. Bloodgood

12 Wend. 279 Court N.Y. Sup. Ct. Decision date 1835-03-05 English

Contents

Majority

p. 279
Conkling and Herring vs. Bloodgood & De Witt.

Headnote

Attorneys! and1counsel-fee prepared for trial, are not taxable where a cause is settled after notice of trial and previous to the circuit.
Attorneys’ and counsel-fee, on motion in each cause, are proper items of taxation where a number of causes are embraced in the same notice, although but one set of papers can be charged.
March 5.

On a motion for re-taxation of costs in this cause, the Chief Justice ruled, that where a cause is settled after notice of trial, and previous to the circuit, charges for an attorney’s fee and counsel-fee, prepared for trial, are not taxable. He also decided that where a motion is made in a number of causes embraced in the same notice and papers, although but one set of papers can be charged, an attorney’s fee and counsel-fee on motion in each cause, are proper items of taxation.