A Handbook On the Taxation of Costs As of Right in the State of New York With F
A Handbook On the Taxation of Costs As of Right in the State of New York With F
Elias Loewenkopf
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Appleton, 4 Mo. Law Bull. 6. CHAPTER VI DISMISSAL OF COMPLAINT 65. Costs are statutory. 66. Trial fee allowed. 67. Costs to each of several defendants. 68. Dismissal as to one of several defendants. 65. Costs are statutory. The right to costs on dismissal of complaint is statu- tory and not within the discretion of the court. The judgment is a final one and terminates the action and therefore costs should be allowed. Van Vliet v. Kanter, 139 A. D. 602. 56. Trial fee allowed. A trial fee will be... allowed where a cause has been regu- larly noticed for trial and placed on the calendar and, when reached, is dismissed on failure of the plaintiff to appear on trial. There has been a trial of the action for the purpose of taxation. Cole v. Lowery, 23 N. Y. S. 674; Pagano v. Lacobelli, L. J. Jan. 22, 1914. 57. Costs to each of several defendants. Where several defendants appeared by separate at- torneys and each moved separately to dismiss complaint which was granted, each defendant is entitled to a sepa- rate bill of costs.
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