People v. Keller

Defendant’s.motion for a re-taxation of plaintiff’s costs herein, striking out certain disbursements in excess of the amount of $25 taxed by him as costs, is granted with $10 costs of motion. Section 3256, Code, makes certain disbursements like those taxed by plaintiff herein part of the costs which a party may tax. Section 3228 provides that in an action like this, upon a recovery of any amount less than $50 (in this case $25), the successful party may not tax costs to exceed the amount recovered. The provisions together mean that he may; not tax all costs, including disbursements, in excess of the amount provided. Motion granted, with $10 costs.