New York Supreme Court, 1843

Potter v. Ellis

Potter v. Ellis
New York Supreme Court · Decided August 15, 1843 · Bronson
5 Hill & Den. 511

Counsel

E. H. Rosekrans, for the defendant,, H. R. Wing, contra,

Potter v. Ellis

Opinion of the Court

By the Court, Bronson, J.

Attending or preparing for each trial is a service actually performed by the attorney, and two trial fees may therefore be properly taxed where, as in. this case, the costs of the first trial are ordered to abide the event of the suit. But a new brief is not supposed to be necessary for'a second trial of the same issue, and we think that two briefs should not have been allowed.'

Motion granted.

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