Majority
p. 1066Archibald Gilchrist, Surviving Admr., etc., v. Samuel Rea.
Headnote
Costs—Allowance for parts of folios—Surrogate?e return—Counsel fees for settling final decree —Buie as to decree upon appeal.J. Crary for appellant.
B. Blair for respondent.
The chancellor decided in this case that in accordance with the practice of the supreme court, where a pleading or other proceeding contains an excess of fifty words or more beyond a folio, it is proper for the taxing officer to allow for an additional folio, but not to allow anything for the excess where it is less than half a folio. See 11 Wend. 170 . That on an appeal from a surrogate, a copy of the surrogate’s return is taxable, and so is a copy of the opinion of the surrogate for the use of the court on the argument if actually procured and furnished. That the allowance to counsel for perusing and settling a final decree, which is special in its provisions,
p. 1067
Applies to all final decrees which contain provisions out of the ordinary course. But that a decree upon appeal containing a simple direction that the order or decree appealed from be affirmed, with costs, contains no special provision within the intent and meaning of this clause of the fee-bill, and no counsel fee for perusing and settling such a decree is allowable on taxation. Neither party to have costs, as against the other, on this application.