Majority
p. 83Isaac Merritt et al. agt. Henry R. Gosman, imp’d, &c. Taxation of Costs. February Term, 1846.
Headnote
In an action of debt on a money bond and judgment by default, the costs can be taxed iy items.Motion by defendant for retaxation of costs.
This suit was commenced by declaration in an action of debt on a bond for the payment of money; defendant demurred to the declaration; plaintiff amended declaration; no demurrer or plea was interposed to the amended declaration; no issue was joined in the cause upon it, and plaintiff took judgment by default. Plaintiff’s attorney made out his bill of costs by items on the taxation. Defendant’s attorney objected to the whole bill generally, on *the ground that the plaintiff could not tax the bill by items, upon a default; and to every item specifically, except such as were taxable by statute upon a default.
S. 0. Shepard, defendants counsel.
Harris & Shepard, defendants attorneys.
A. K. Hadley, plaintiffs’ counsel and attorney.
The costs can be taxed by items, it does not come within either of the two classes of cases in the statute; the costs in that respect was properly taxable. As regards the items of brief and counsel fee, they were improperly taxed, there not having been any issue of law or of fact joined. The plaintiff amended his declaration; therefore the amended declaration was not taxable. Drawingbill of costs, $1.00 was taxed too much; there was no trial or argument, $0.50 was a proper charge, and $0.50 for the two copies. All of the charges for amended pleadings were improperly taxed, $9.25; these items, amounting in all to $16.25, must be stricken from the bill and endorsed on the execution, if issued.