15 Abb. Pr. 135
Decided July 1, 1873
New York Supreme Court · decided 1873-07-01
In this action, which was brought by Seth H. Klinck against John Kelly, sheriff, &c., the clerk, on adjusting defendant’s costs, after a verdict in his favor, allowed to him, as “double costs,” one-half the whole taxed bill of costs and disbursements. There having been a new trial ordered in the action, the clerk allowed to defendant five circuit term fees, after the order for a new trial, in addition to five like term fees before the first trial.
Cited by 1 later decisions — most recently January 1878
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-07-01
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¶1Where a sheriff succeeds in Ms de- . fense, he is entitled to “ double” costs, including disbursements ; that is, to the adjusted bill of costs and disbursements, fifty per cent, more must be added. The statute as to double costs is not affected by the Code.
¶2Subdivision 7 of section 307 of the Code allows but • five term fees, and no more. All above that number must be stricken from' the bill.