Powers v. Manhattan Railway Co.

The words “with costs to abide the event,” used in the remittitur, include the costs taxed by the clerk. First Nat. Bank v. Fourth Nat. Bank, 84 N. Y. 469. The costs at general and trial term were not discretionary, as the action is one of those specified in section 3228 of the Code of Civil Procedure. Many of the cases referred to upon defendant’s brief were such as come within subdivision 2 of section 3238, and have no relevancy to the point presented by this appeal from the clerk.