¶1Held that the plaintiffs were entitled to the balance of the costs, and that they might elect which way they would collect them, either to make up a new record and include the costs in it, or take a precept. Plaintiffs’ counsel elected to take a precept, and the rule was entered that the defendants pay $53.10, with $10 costs of this motion, in twenty-days after service of the order, or that a precept issue therefor.
2 How. Pr. 144
Houghton v. Gardner
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
Motion that defendant pay balance of taxed bill of costs, or that precept issue. *This cause was tried at the New-York circuit, in February, 1844, and a verdict rendered for plaintiffs, for $188.79, judgment was entered February 22d, 1844, for the amount of the verdict and costs up to that time; execution was afterwards issued, and the amount collected on the execution.
Decided 1846-04-15