Hyperlawhypertext legal database Bank of Niagara v. Austin 6 Wend. 548

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Bank of Niagara v. Austin

6 Wend. 548 Court N.Y. Sup. Ct. Decision date 1831-08-04 English

Contents

Majority

p. 548
Bank of Niagara vs. Austin.

Headnote

Decisions as to costs.
On a motion for retaxation of costs, the following directions were given to the taxing officer by the Chief Justice :
A plaintiff is entitled to an allowance of two counts in his declaration on each cause of action. 2 R. S. 653, § 5.

Counsel fee, attending prepared either to try cause or argue case, is a proper charge when the cause is noticed by either party.

Attorney's fee, attending prepared to argue a case, is not a proper charge when the case is not argued, except when the attendance is pursuant to notice from the opposite party.

A foreign witness, subpoenaed at the place of trial, is not entitled to travelling fees.