1 Wend. 74
Decided August 15, 1828
New York Supreme Court · decided 1828-08-15
The plaintiff recovered a verdict in a cause in which he was entitled to only common pleas costs; and in making up his bill, he charged supreme court costs for services incidental to a case made by the defendant for-a new trial, making a difference of about $20in the amount. ■ The notice of taxation was defective, the day of taxation being left in blank.
Decided 1828-08-15
¶1By the Coiirt,
¶2The plaintiff being entitled only to'common pleas costs, has no right to tax the defendant with supreme court costs in consequence of a case made, or other incidental services in the progress of the suit. The same rate of charging must be preserved throughout. The costs having been taxed on á defective notice, a retaxation is ordered at the expense of the plaintiff, and the motion is granted, with cbsts.