Randall v. Shields
Randall v. Shields, 80 N.Y.S. 474 (1903)
Headnotes
1. Default — Opening— Costs.
On opening the default of a defendant at trial after answer, he should be required to pay the trial fee, term fee, and witness fees, to be taxed, in addition to §10 costs of motion.
Summary
Appeal from special term, New York county.
Action by Samuel H. Randall against Alexander Shields. From an order the default of the defendant at the trial, after answer, on payment of $10 costs, plaintiff appeals.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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PER CURIAM.
The order appealed from should be modified by striking out the words “$io costs,” in the last paragraph of said order, and in lieu thereof inserting the words “trial fee, term fee, and witness fees, to be taxed by the clerk, and $10 costs of motion”; and, as thus modified, the order should be affirmed, without costs to either party on this appeal.
1. See Judgment, vol. 30, Cent. Dig. § 32S.
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