Majority
p. 163SUPREME COURT. Josiah T. Shord agt. Henry Dwight. New York General Term, December, 1863.
Headnote
Since the amendment of the 307th section of the Code, in. 1858, there has been and is no limitation to the number of term fees in the court of appeals, taxable under subdivision 7 of that section. (This agrees with Adams agt. Perkins, 25 How. Pr. R. 368.)Appeal from taxation of costs.
B. C. Thayer, for appellant.
Tracy, Powers & Tallmadge, for respondent.
The question of costs presented by the appeal was recently carefully examined by Judge Bosworth, of the superior court, in James B. Glentworth agt. Richard E. Moore and others, and he came to the conclusion that, since the amendment of 1858 of sec
p. 164
tion 307 of the Code, there has been and is no limitation to the number of term fees in the court of appeals, taxable under subdivision 7 of that section. A copy of his opinion having been handed to the court, I have examined it with care, and entirely agree with him. Judge Parker arrived at the same conclusion in Adams agt. Perkins (25 How. Pr. R. 368). The order appealed from should be reversed, with $10 costs, and the clerk should be directed to readjust the costs, and allow the $120 for the twelve term fees.