¶1Decision.—Ordered that the items one and six, mentioned in moving affidavit, be struck out, amounting to $l-50, and ordered retaxation as to two and four, because the affidavit must show the witnesses material and necessary; and as to objections three and five, ordered that they be taxed to the defendant on proof that defendant furnished copy pleadings and put cause on calendar.
1 How. Pr. 57
Luyster v. Hoag
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by Plaintiff for retaxation of costs.—Action replevin; verdict for Defendant. On taxation plaintiffs objected, first to the charge of fifty cents for furnishing proof of service of the defendant’s plea, on the ground that such plea was the general issue or non cep it, and no proof was necessary; also objected to the charge for proof of the service of notice of trial, on the ground that no such proof was necessary.
Decided 1844-12-15