Majority
p. 535Wessels v. Carr. (City Court of New York, Special Term. April, 1889.)
Headnote
1. Costs—Taxation—Trial Fee.Where two inquests were had on defaults in an action, which were afterwards opened in terms, plaintiff, in recovering judgment, is entitled to tax a trial fee for each inquest.
2. Same.
Costs taxable after granting a new trial are not recoverable in the case of setting aside an inquest.
Motion for retaxation of costs.
In a suit by E. J. Wessels against A. Carr, defendant was in default twice. Judgments for the plaintiff were entered on inquest in each case. The defaults were set aside on terms. After trial on recovery of judgment for the plaintiff a trial fee of $30 was taxed for each inquest. Defendant moved for a retaxation as to the items for proceedings after setting aside the inquest, and the trial fees for the inquest.
Douglass <& Minton, for plaintiff. William Sulzer, for defendant.
Every inquest taken in a cause is a trial, for which a trial fee may be taxed. The sum paid for the privilege of opening the inquest is in the nature of a penalty imposed, and does not interfere with the taxation of costs to the party ultimately successful. Cohn v. Husson, 3 How. Pr. (N. S.) 130. But the amount taxable for proceedings after granting of a new trial can scarcely be made applicable to the case of setting aside an inquest. The clerk’s taxation will, therefore, be affirmed, except as to the item of $50 for proceedings before and after granting two new trials, which item will be disallowed.