Post v. Mason

32 N.Y. Sup. Ct. 65 Court N.Y. Gen. Term English

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Majority

p. 65

Adelaide L. Post and others, Appellants, v. Francis O. Mason, Executor, etc., Respondent.

Order of Special Term reversed as to the item of “ sixty dollars for costs of motion for new trial,” and the said item stricken out of the bill; and the order affirmed as to the residue, without costs of this appeal to either party. Held, that the item was not taxable, the judge, in his discretion, not having granted costs of the motion for a new trial.