Majority
p. 539Van Rensselaer against Hamilton and others.
Headnote
prius taxed Nisi record as costs of the circuit, though the cause was noticed, and carried down at a previous circuit.Plaintiff allowed per folio, for engrossing notice of special matter on the But not allowed for notice of inquest, after affidavit of merits filed. N. P record.
This cause had been put off at the Circuit, on motion of the defendants on the usual terms of paying the costs of the Circuit; and, the costs having been taxed, on motion for re-taxation, the following items were held to be properly allowed as a part of those costs :
p. 540
Dr. nisi prius record,fol. 4 and engrossing, $1 26
Enrolling pleadings thereon, fol. 225 at Is. 28 12
These were allowed, although the cause had once been carried down at a previous Circuit, when a nisi prius record was prepared.
The plaintiff was also allowed per folio for engrossing the defendants’ notice of special matter in their defence, upon' the nisi prius record.
But the Court refused to allow a charge for the notice of inquest, because there had once before been a notice of inquest, and an affidavit of merits was then filed; and they held that this extended to the cause throughout, so that afterwards, a notice of inquest was not proper; but only a notice of trial.
J. A. Dunlap, for the motion.
E. Williams, contra.