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4 Cow. 546

Wooster v. Perry

New York Supreme Court

Decided August 15, 1825

New York Supreme Court · decided 1825-08-15

On a verdict for the plaintiff, he had procured the costs of entering the defendant’s notice of special matter, on the r°H and tiisi prius record, to be taxed by a commissioner, which

Decided 1825-08-15

Curia.

¶1Prima facie, it is proper to make the notice of 'special matter a part of the record. It is true, that under certain circumstances, this might be altogether useless ; in which case, it should be stricken out on taxation. But nothing of this was shown to the taxing officer or to us ; and the motion must be denied.

¶2Motion denied.(a)

¶3 Vid. Van Rensselaer v. Hamilton, ante, 539.

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