Edleson v. Duryee

The appellant is right in his contention. The order to file the answer was ex parte and costs should not have been allowed (Bowne agt. Armstrong, 13 How., 301). Besides it was a judge’s order (See Brevoort agt. Warner, 8 How., 321). A party might as well insert motion costs in an order of arrest or for time to answer. The order should be reversed, with ten dollars costs and disbursements of the appeal.