Decaters v. La Farge — 2 Paige Ch. 411

Majority

p. 411

Decaters and others vs. La Farge and others.

Headnote

Only the abbreviations of the pleadings and depositions in a cause for the use of counsel are taxable, and not full copies of such pleadings and depositions.

May 30th.

On the taxation of costs in this cause the complainants’ solicitor charged for two full copies of all the pleadings and proofs in the cause for the use of his counsel. This charge being objected to on the part of the defendants, the question was, by consent of the parties, submitted to the court

p. 412

W. li. Harrison, for the complainants.

^enri/’ f°r the defendants.

The statute has prescribed the only allowance which is necessary or proper to be taxed against the opposite party in such cases. It is an allowance of three cents for each folio contained in the pleadings and proofs, for actually abbreviating the same for the use of counsel, other than the solicitor in the cause. This is the only item which is properly taxable. The counsel who- is to prepare for the argument ought not to be encumbered with full copies of all the proceedings, containing long recitals and irrelevant matters. It is the duty of the solicitor to prepare for him an abbreviation, embracing only the material facts and statements contained in the pleadings and proofs. The vice chancellor must be directed to disallow these charges.