Van Gelder v. Hallenbeck

1. The small mistake as to confutation of extra allowance is a matter not presented to the court, and therefore not to be considered here.

2. The items of $30 trial fee, and $25 for proceedings before and after trial, were properly allowed. As is stated by Justice Mayham, the proceedings of the plaintiff, on the motion for a reargument, did not stand in the way of defendant’s right to avail himself of the order for a new trial. He had noticed the cause for trial, and was entitled to move it when reached; and as a new trial had been granted by the general term, defendant had a right to proceed…