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Trustees of Rochester v. Symonds

10 Wend. 563 Court N.Y. Sup. Ct. English

Contents

Majority

p. 563
The Trustees of Rochester vs. Symonds and others.

Headnote

Only one fee of $1,25 to counsel for perusing and amending plea is taxable, although several special pleas, presenting distinct matters of defence, be interposed.

The defendants pleaded 19 pleas, setting up distinct matfters of defence, and each concluding with a verification. The defendants had judgment on demurrer to these pleas, and leave was granted to the plaintiffs to reply on payment of costs. The defendants, in their bill of costs, charged $1,25 for counsel perusing and amending each plea, amounting, in fthe whole, to $23,75, which charge was allowed by the taxing officer. The plaintiffs appealed from the taxation, and ibis court decided that but one fee of $1,25 was chargeable, and directed the residue to be deducted from the bill.