Majority
p. 157Anonymous.
Headnote
No costs ate allowed for preparation aud attendance to oppose a motion to bring on a demurrer as frivolous, noticed but not made.So of all o-numerated motions.
March 16, 1825. J. L. Yiele (the bar having finished their non-enumerated business of the term, which was to be moved pursuant to notice) moved for the costs of preparation and attendance to oppose a motion to bring on an argument as upon a frivolous demurrer, which had been noticed, but not made.
We cannot allow you costs. The motion noticed is an enumerated one, a case in which we never give costs of attending to oppose. We do this in non-enumerated motions alone, where only one side has a right to notice them.
Motion denied.