3 N.Y.S. 100 | N.Y. Sup. Ct. | 1888
“ The court must award costs to the party in whose favor an appeal is determined.” Grim. Code, § 873. Costs are not defined in this-Code, probably because in most matters treated of there are no costs. Bastardy proceedings are the exception. By section 850, Grim. Code, the justices are in a certain case to certify the reasonable costs. It would seem that these costs included an attorney’s fees. Neary v. Robinson, 98 N. Y. 81. In Su
The plaintiff objects that defendant taxed his costs, and entered judgment, and therefore cannot now have relief. The so-called “costs” were only disbursements, and it does not appear that the defendant entered the judgment. If the clerk entered it without defendant’s direction, the defendant should not be prejudiced. The plaintiff also objects that the bill of costs first presented to the clerk did not contain items according to section 3073. But the clerk did not take the ground that other items should be allowed, but rejected costs, other than disbursements, altogether. We think, therefore, that the order of the court of sessions appealed from should be reversed, with $10 costs, and printing disbursements, and that the motion for retaxation by the clerk, in accordance with the views above expressed, should be granted, with $10 costs.
Landon and Ingalls, JJ., concur.