Practice Reports In The Supreme Court And Court Of Appeals Volume 4

Paperback | February 8, 2012

byNathan Howard

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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.1852 Excerpt: ... the discretion of the court ex gratia curie, and not a right which the party can claim ex debito justitie as he could have claimed, had he instituted a plenary suit by summons and complaint to compel this set-off, and I think where there is as much doubt as there is in this case, that the safer way is to deny the summary application by» motion and turn the party over to his plenary suit if he desires further to contest it. Motion denied without costs. SUPREME COURT. Tbuscutt agt. King et al. Coats of an appeal (or a suit) commenced in chancery prior to the first day of July, 1848, and decided since the passage of the amended code, must be taxed according to the fees allowed in chancery, under the old fee bill. The code (amended) has expressly excepted from its operation suits pending previous to the first day of July, 1848, (§§ 8, 471.) At chambers, Nov. 24. 1849.--In this case S. D. Van Schaack, Esq. presented for taxation a bill of costs made out according to the provisions of the code. A. Taber, Esq., opposed the taxation on the ground that the bill ought to have been according to the fees allowed in chancery previous to the code. The bill amounted to over $130. It was agreed that if made out under the Revised Statutes it would be about $40 less. The bill was for costs of an appeal from a decree in chancery, made by the late Vice-Chancellor of the 8th circuit. The decree was affirmed at the last September general term in this district. It was conceded that the appeal was brought before the code took effect. Mr. Van Schaack insisted that the former fee bill was absolutely repealed, (§ 303 of code,) and that in all cases decided since the code took effect, the costs were to be allowed according to its provisions. Mr. Taber claimed that,...

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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.1852 Excerpt: ... the discretion of the court ex gratia curie, and not a right which the party can claim ex debito justitie as he could have claim...

Format:PaperbackDimensions:198 pages, 9.69 × 7.44 × 0.42 inPublished:February 8, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217740308

ISBN - 13:9780217740302

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