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Regan v. Dillon

Franklin A. Regan v. Herbert L. Dillon and Another

Regan v. Dillon, 126 Misc. 37 (N.Y. Sup. Ct. 1925)
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Court
New York Supreme Court · State Trial Courts
Decided
November 5, 1925
Judges
Proskauer
Citations
126 Misc. 37212 N.Y.S. 3761925 N.Y. Misc. LEXIS 1121

Opinion of the Court — Proskauer

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Proskauer, J.

The defendants seek to compel the clerk to tax as costs a premium paid by defendants upon an undertaking to stay execution under a judgment subsequently reversed. The only authority for this is subdivision 10 of section 1518 of the Civil Practice Act, which provides that a bill of costs shall include “ such other reasonable and necessary expenses as are taxable according to the course and practice of the court * * In the United States Circuit Court of this district the cost of a supersedeas bond has been allowed as costs. (Edison v. American Mutoscope Co., 117 Fed. 192 ) It is unquestionable, however, that such has not been the course or practice of this court! Therefore, despite the persuasive reasoning of Judge Lacombe in that case, I am constrained to deny the motion.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1931: 11962: 119312026peak 1931 · 1

Relies on it most ⓘ

  1. Williams v. Sawyer Bros.51 F.2d 1004 (2d Cir. 1931)
  2. Banker's Trust Co. v. Nagler38 Misc. 2d 574 (N.Y. Sup. Ct. 1962)

Most recent

  1. Banker's Trust Co. v. Nagler38 Misc. 2d 574 (N.Y. Sup. Ct. 1962)
  2. Williams v. Sawyer Bros.51 F.2d 1004 (2d Cir. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Edison v. Am. Mutoscope Co., 117 F. 192 (1902) 15

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