The New York Code of Civil Procedure; As It Is January 1, 1913, with Notes on the Judicial Decisions Thereon or Relating Thereto, Together with the Constitutions of the State of New York, Statutory Construction Law, Rules of the Volume 4

The New York Code of Civil Procedure; As It Is January 1, 1913, with Notes on the Judicial Decisions Thereon or Relating Thereto, Together with the Constitutions of the State of New York, Statutory Construction Law, Rules of the Volume 4

By (author) 

List price: US$98.31

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... direction of the court.--Held, that he should not be charged personally with the costs, but that it was proper to charge them upon the sum com ing to the defaulting contractor in favor of lienors. Ottman v. Schenectady Co-operative Realty Co., 119 App. Div. 736; 104 N. Y. Supp. 137. Although costs in an equity action are in the discretion of the court, the discretion once exercised cannot be recalled, and it is erroneous to amend in that regard a judgment once signed. Gennert v. Butteriek Publishing Co.. 133 App. Div. 8fl; 117 N. Y. Supp. 801. When testamentary trustees charged with the custody of several shares hring an action for a construction of the will, as to the disposition of one of the shares, the costs should be charged on that share and not distributed among all the shares. Davies v. Davies, 129 App. Div. 379; 113 N. Y. Supp. 872. Persons who are merely stockholders of a corporation, which directed the prosecution of an action for a penalty, are not so beneficially interested in such action as to authorize the court to charge them with the costs recovered against the plaintiff therein. Pierson v. Clark, 116 App. Div. 519; 101 N. Y. Supp. 719. In the fourth department. where a verdict is set aside and a new trial granted on account of insufficient damages, the trial court is not required, as matter of law. to award costs absolutely against the moving party, but that question is within the discretion of the trial court; and where it does not appear that the erroneous verdict resulted from the fault or mistake of such party, the discretion of the trial court in refusing to charge him with costs will not be disturbed. Waltz v. Utica & Mohawk Vallev Rv. Co., 116 App. Div. 563; 101 N. Y. Supp. 968. Where no costs were allowed defendants...show more

Product details

  • Paperback | 952 pages
  • 189 x 246 x 48mm | 1,665g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236605802
  • 9781236605801