Peck v. Wood

struck out,

Proof of service of rule to plead, - - - - $0 50

do do final order for bill of particulars, - - 50

Notice of motion to refer at circuit, and proof of service

(not done),...... 75

Attorney and counsel fee on motion to refer at circuit,

not chargeable (5 Hill, 556), - - - 3 00

Proof of service of bill of particulars, - 50

do do notice of hearing for referee and party

4s and 4s,......1 00

Two copies subpoena,..... 50

Proof of service of costs for taxation, - 50

Copy costs, charged before, or twice, - 50

[*214] *Proof of service of do, - ■ - 50

Travel fee of Gilbert (6 Wend. 548), - 12 00

'$20 25

Deduct for mistake of taxing officer against the plaintiff, .......3 16

$17 09

The affidavit as to the other witnesses was insufficient, but the question was not raised before the taxing officer, which the defendant makes here.

Ordered, That $17.09 be deducted from the bill of costs as taxed on the 13th of June last, and be allowed to the defenf - ant on the judgment and execution.