22 N.Y.S. 775 | New York Court of Common Pleas | 1893
To a complaint on a plumber’s bill, the defendant interposed an answer with several defenses and counterclaims. To one of the counterclaims the plaintiff demurred, and the demurrer was sustained, with leave to the defendant “to amend his answer * * * upon payment of the costs herein upon said demurrer.” The plaintiff presented a bill of costs, amounting, with disbursements, to $60.05. The disbursements being paid, the clerk taxed the costs at “$20, issue of law.” Upon appeal from the clerk’s taxation, it was confirmed, and we are to determine whether the order at special term be correct. The cause is on the calendar for trial of the issues surviving the decision of the demurrer. The ruling of the
Order affirmed, with costs and disbursements.