25 N.Y.S. 387 | N.Y. Sup. Ct. | 1893
By section 3251 of the Code, a trial fee is allowed for the trial of an issue either of law or fact By section 964, an issue of law or fact can only arise where an answer, demurrer, or reply has been served. There being no answer, demurrer, or reply, no issue of law or fact was joined in this case. The application to the court was a mere application for judgment, and the court simply took proof to determine whether the plaintiff was entitled to judgment.