Van Alstyne v. Richmond — 5 Hill & Den. 556

Majority

p. 556

Van Alstyne and others vs. Richmond.

Headnote

The provisions of the statute concerning fees for attorheys and counsel on the argument of non-enumerated motions, have no application to motions at the circuit.

Costs. This was an action of replevin in which a verdict was rendered for the plaintiffs, and on the taxation of costs the commissioner allowed them the following items, viz. “ Counsel at last circuit opposing motion for putting off cause, $5,00; and attorney’s fee and brief on that motion, $6,00.” The defendant having objected to these items before the commissioner, now moved for a re-taxation.

J. D. Willard, for the defendant.

H. W. Strong, for the plaintiff.

The provisions of the statute concerning fees for attorney and counsel on the argument of special motions, (Sess. L. of ’40, p. 327, 330,) have no application to motions at the circuit. They are confined to non-enumerated motions. These words comprehend such motions only as are made at bar, out of the order of the calendar. The commissioner erred in allowing the items mentioned; and the motion to re-tax is therefore granted.

Ordered accordingly.