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Winchell v. Latham

7 Cow. 367 Court N.Y. Sup. Ct. English

Contents

Majority

p. 367
Winchell against Latham.

Headnote

On taxation; ¡ngandamend" ing declaration three'copies^ declaration,
P. record; that paid11 for ^on putting off testotum^xe^ cution; it appearmg that the ordinary pose.
G. C. Bronson, for the plaintiff.
H. R. Storrs, for the defendant.

On a motion for a re-taxation of costs: The conit de°*ded ^at lowing items were allowable to the plaintiff, on a verdict recovered against the defendant:

Counsel for perusing and amending declaration; and-three copies of the declaration.

But they disallowed the following:

Braft and engrossing H. P. record, with pleadings, &c., because this had been paid for by the defendant at a previous circuit, on putting off the trial; and a testatum execution, on the ground that the defendant, both when the ' ° 1 action was commenced, and when the costs were taxed, ™ ^ county of Oneida, where the venue was laid.