Hossley v. Colerick

This action was tried at the Cattaraugus circuit; - and resulted in a verdict for the defendant. Subsequently the - plaintiff, upon a case and affidavits, moved at special term for a •. new trial, “ on the grounds of surprise and newly discovered i evidence.” This motion was denied, with ten dollars costs to-' the defendant.

*170The defendant, upon such decision, entered an order denying motion for new trial, but containing no provision in respect to -costs, and also entered judgment against tbe plaintiff for $199.77 costs and disbursements, and immediately gave notice for a re-taxation of sucb…