Anonymous — 6 N.Y. Super. Ct. 693

Majority

p. 693

Anonymous.

Headnote

It is no objection to a notice of the adjustment of costs, that it was given before the right to recover costs was established, provided the right to such costs as were noticed .exist at the date for which the notice was given.

So held, where the plaintiff, in an action for money only, in anticipation of a default, gave notice of adjusting the costs to which he would be entitled on taking judgment by default, for a day subsequent to the time when he could regularly enter the default.

January 22, 1852.

The above points were held by

at chambers, with the concurrence of all the Justices, on a motion to set aside the adjustment of the costs on the ground of irregularity. The notice of adjustment was given before any default was entered or was due; but at the time specified in the notice, the default for not answering had been entered, and the plaintiff was entitled to judgment for such costs as he had inserted in his notice.