The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-01

pay costs Incurred subsequent 10 the tender. L.
Does this pfovIsioa apply to foreclosure suit 10 a.
to preclude the pailti6 be refuses to accept the
amount. fiom the benefit Of an extra allowanccs In
the present case the tender WAS made tie day be-
fore the plaintiff Vas entitled 70 Judgment when near
" all the trouble and resDonsibty OF the
q ton bad been incurred. The defenf ant maintains
ina, ,nss O;vg made zoe tender the not emit
In foreclosure sta provides for an additional allow.
ance only where Judgment has been obtained. the
court can grant no such allowance in this CASE and
seeons they csnsos grant T. even 4 the PLAINTIFF
TO allowing costa incurred subseq uent to tle tender
This bong technical objection, IL is insisted that
It should be techni' ally scanned and that the advan
tsge which u clams should be yielded only II there
Is Lo doubt that The statute, giving the right 70
make tender subsequent to the commencement of
the action i applicable to this case. The statute
expressly refers ations at law an it was never
PRETENDED before the Code, that It had any appK q
menced In chancery; and confess chat see no rea
son why we should stretch tho statute in the al
scnce OF any express provision. under the dubious
supposuon that 70 90 80 would be impledly consis-
tent with tie spirit and tenor Of the Co0e. Il is
moreover possible that the Legislature Intentional
" omitted any alienation on this subject rs Ia fore
closure suits the interests Of the parties are often
so oihi'ult as TO require the direct interpostion
OF the court even when the owner of the equity
Of redemption is prepared to pay the amount due.
Besides. even II the statute may be decmed to ap
lily 10 foreclosure suits the plaintiffs not prohibited
from prosecuting his action To judgment after the
tender has been made. Il only denies him costs in
cuIreO subsequent TO the tender; and ir en- titled to
jus gment an additional allowance NAV be given
unless such allowance ia tantamount-withi
the meaning Of tho statuto-to costs iu-
cured Subsequent to the tender.n Is the addi.
ti0nal costs In the nature Of costs incurred
subsequent to the tender? The aio vance
doubtlt s., cannot be made, EXCEPT when the judr.
mtnt has been Obtained But this refers only 10
the CONDITION or circumstances under which it shall
be made 1t does not intimate that the services for
which 1t 10 made G rende ed after the Judgment
II does not follow, therefore that this additional
allowance is to be deemed equivalent to costs incur
red subsequent to the tender. Tue allowance is
mace for services commencing from the institution
Of tie action, which are gene, ally more important
and oDerOus in the first than in the subsequent
stages. Il Is In fact made for services performel
throughout the prosecution Of the action, rather
than for services rendered at any particular stage of
it. and certainly not exclusively for services
rendered after the Judgment has been obtained
The allowance, therefore, Is not asked for costs
incurred subsequent to The tebdern but having OBJ
tanned his judgment, to which, notwithstanding the
tend r, consider him entitled, the plaintiff asks
for allowance adj tional tn his ordinary costs to
compensate him for the expense and trouble which
be has incurred from the commencement of the
acti throughout all the stages OF it, and as 10 all
Of this nature involving as they do cousidera
bic labor and responsibility, and requiring no small
degree OF legal skill. deem an extra allowance
proper, l can zee no reason why it should not be
grantee In the present case. Let the plaintiff have
$50, as such allowance.