The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-24
Superior COurt-special Term.
Before Jucge Boz til.
DECISION AS TO THE COSTS IN THE CASE OF


ALDERMEN FOR CONTEMPT OF COURT.
JAN 23-7k Peofle tie Relation Of Dauis and Palmer
appeal from final determinatoo Of this Corr At seosr
81 term adjudgDg that the defendant had wiuly VIC
lated On Injunction and imposing ans, an rmed the
peal The main questions presented sha)e such
costs be taxed 1t the rate prescribed By section 3o7 Of
coce OF At the rate PeseriSed BY 8, page &C. sec
JuDoH BoswoRI-Ths defendant insists that the code
only preseribes tho rate Of costs on appeal from .
judg ment In "civil &C Hon." Coce sec. 1903. That
q civil action to which the fee bill of the code applies
can only be commenced BY " ummons;" that the pro-
ceedLg In which the noal determination appealed from
was made vasnot and could rot be so com usnoed that
it ecisl pr cescpg, and not action aud that
sec Al expressly declares that this particular proceed
ing shah be affected by the and therefore, the
coats on the appeal can only be such the Revised
Statutes relative 10 that proceeding have provided
Whether the proceeding in this Court action
SPECIAL proceeding according to the definition OF ose
terms % found tbs tode Go not consider decisive Of
the question As the law stood pior to the code the
costs IN such case In the Court In which the attach
msnt Issued, were regulated by 43 OF Cd Rev Sat
6e, in The Supreme Court OF nthis Court and BY ID
s.. $40 and 6S0, In the Court OF Chanoery But in
the Court fer The Correction Of Errors, whether the
vices wire in proceedings orig mating at lew or
in equity, or upon appeals from Judgments or de-.
creee FINAL de.eru raon in specal proceedings
the fees of council the for the kind Of
services in all csse, the Is true of solicitors and
attorneys with the qualification that their compensation
for certain similar services different Section, T. s.,
Of I'd Rev. Stat 62o Section IL Of the Code sab 8,
provides 70, an appeal to tbs Court Of Appeals from
proceeding" Section sls provides that when the
decision Of an inferior court shall be brought
cseng for all purposes Of ccsts shall be deemed an &C
tion 1t issue question Of Las from the time
shall be brought into the Suprem, Court Htnce i. will
be that the code not only provided for appeals to The
Court OF Appeals from final determinations Of the Supreme
nd other courts in special proceedings but provided for
tn. ces In ihfm when nrst brought into the Supreme
Court for review. Sub o. section 3o7 Of the code
proviess that when allowed coats shall be Is
Follows =" TO either party appeal to the Court
nj I've ava dali
Of appeals to the Court Of Appesl and gives the
coppersaton whether the appeal be from & ntl odsr
In SPECIAL proceeding from ,dgnent in an ion.
This being So II seems TO me unmportAnt whether tbs
FINAL determination OF this court from witch tbs defend
ant appealed il properly dsIomnsted fna order " or
= judgment" Whatever Its true re- the appeal WAS
tusisned inst molten to asmss it. aud ad ymen
OF fmance. with costs o. appeal rendered Th.re
l. no law giving aEy cess 10 the Court OF Appes' ex
cep the coce ard that Allows the co,ts 10 any
cse as in any other Ths rates pfssche By the code
muts be 'p1wed BY the clerk 10 Adjusting them This is
he only question q any actcsi Importance think
the charge Of SO for the Jane term OF tho Appellate
Cou,t should be dssllowed According to the All iAvts
think IL was "resshed" within the meaning OF sub.
ran cd on that day xss called and the defendant in
sist, en- tepg tnen heard II the plaintiffs had not
mo, ed postporement II ~ould have besh then heard.
Had been Agusd question would have been raised
whether II had been reached think there s,n
10 none COW. Having been postponed at the plain
tbs request, they are not entitled to the costs
den, irg molten made BY the plaintiffs to dnmiss
the appeal In this and the other contempt cases. tn
ee ndants In AL the other appeals appeared by SAINT
att the $40 granted oosts OF opposipg the
ma, be deducted, il the dedacion ID accepted ~ salts
fac ION Of AL awarced for opposing such motion
NOT seosetsd r. s s
he ace and II order to be entered viii BY its terms
declared TO be made without prejudice to the rights
Ger viii DO entered Conforming to the views here ex
pre- ed