Majority
p. 6*Philip Bronk agt. John W. Conklin and Hannah Conklin December Term, 1845.
Headnote
Service of a notice of retainer on plaintiff’s attorney conditionally, does not entitle defendants’ attorney to notice of retaxation of costs, unless the condition upon which the service was made has been complied with.Motion by defendant Hannah Conklin, for a retaxation of plaintiffs’ costs.-
Declaration was served on the defendant Hannah Conklin, on the 1st day of August last: default was entered on the 23d, and record filed on the 30th of the same month. Defendants’ attorney stated that he served a notice of retainer on plain
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tiff’s attorney on the 18th of August last, and that he had never been served with notice of taxation of costs. Plaintiff’s attorney stated that defendants’ attorney left a notice of retainer with him conditionally, that in case a plea of said Hannah Conklin was served on him, that then defendants’ attorney wished the notice of retainer left with him to be considered served, and not otherwise ; the plea not having been served, the notice of retainer was considered by plaintiff’s attorney not served, and he gave no notice of taxation of costs.
C. 0. Wasson, defendants' counsel and attorney.
J. C. Weight, plaintiff's counsel.
J. S. Fbost, plaintiff's attorney.
Held, the notice of retainer not served, and denied the motion with costs.