78 N.Y.S. 283 | N.Y. App. Div. | 1902
We know of no authority for the provision in the order requiring the defendant to pay the poundage as taxed by the court. ' Section 709 of the Code of Civil Procedure provides that “ where a
The order should be modified by striking out the last clause ordering the defendant to pay the poundage within ten days, and as modified affirmed, without costs.
Van Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Order modified as directed in opinion, and as modified affirmed, without costs.