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" Procedure, can only be made to the court before which the trial is had, or the judgment rendered, and s?ia!J in all cases be made before final costs are adjusted. "
Supplement to the Second and Third Editions of Voorhies' Annotated Code ... - Page 214
by New York (State) - 1854 - 328 pages
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...Applications for an additional allowance under th* provisions of the 308th section of the Code of Procedure, can only be made to the court before which the trial is had, or the judgment rendered. RULE 87. If any application for an order to be made any justice of this court, and such order to be...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 pages
...conclusion seems, however, to be scarcelyfree from doubt. Under rule 86, the application for this purpose can only be made " to the court before which the trial is had or the judgment rendered," and the decisions in reference to that allowance, are almost all to the effect, that the application...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...Applications for an additional allowance under the provisions of 308th section of the Code of Procedure, can only be made to the court before which the trial is had, or the judgment rendered. Sea the code, i. 308, n. RULE 83. [87.] If any application for an order be made to any justice of this...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - 1852 - 546 pages
...But if not made then, notice should be given as in other cases. Rule 86 requires the application to be made to the court before which the trial is had or judgment rendered. But after judgment has been rendered in the cause before the single judge, in what...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

1852 - 446 pages
...But if not made then, notice should be given as in other cases. Rule 86 requires the application to be made to the court before which the trial is had or judgment rendered. But after judgment has been rendered in the cause before the single judge, in what...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - 1853 - 594 pages
...STEVENS, for Plaintiff. PARKER, Justice. — Rule 82 declares that applications of this description can only be made to the court before which the trial...in the Supreme Court, the application must be made in that court Such a provision would be quite unnecessary, for no lawyer would think of applying to...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 pages
...Application for an additional allowance under the provisions of the 308th section of the Code of Procedure, can only be made to the court before which the trial is had, or the judgment rendered. RULK 82. [83.] If any application for an order be made to any justice of this court, and such order...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 3

1857 - 610 pages
...peculiarly proper to apply the principle here. By rule 81, Lee a. Watkina. application for an additional allowance, can only be made to the court before which the trial is had, or the judgment rendered. When the application has been decided, that decision cannot be reviewed by appeal, whether the allowance...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - 1863 - 1154 pages
...former recovery. Sleight vs. Ilancox, 4 Abb., 245. (J.) APPLICATION FOE. The motion for this purpose can only be made to the court, before which the trial is had, or the judgment rendered. Rule 52 (81). Where the trial is by jury, the usual and proper time to make the application, will be...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 pages
...Applications for an additional allowance, under the provisions of the 309th section of the Code of Procedure, can only be made to the court before which the trial is had, or the judgment rendered. RULE 53. Justice's return on appeal, amendment of. — On appeals from a justice's judgment, where...
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