New York Supreme Court, 1828

Plumb v. Lyman

Plumb v. Lyman
New York Supreme Court · Decided August 15, 1828 · Woodworth
1 Wend. 74
Plumb v. Lyman

Opinion of the Court

By the Coiirt,

'Woodworth, J.

The plaintiff being entitled only to'common pleas costs, has no right to tax the defendant with supreme court costs in consequence of a case made, or other incidental services in the progress of the suit. The same rate of charging must be preserved throughout. The costs having been taxed on á defective notice, a retaxation is ordered at the expense of the plaintiff, and the motion is granted, with cbsts.

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