Yale Lock Manuf'g Co. v. Colvin

Wheeler, D. J.

This cause was discontinued by the orator with costs to the defendant. The clerk in taxing costs refused to tax a doeket fee of $20, and for the answer; and the defendant appeals from this taxation. The discontinuance was the voluntary act of the party. There was no hearing and decision of the court; therefore no docket fee is provided for by the statute. No costs for the answer itself are provided for, and none ^re taxable for it. The copies of an answer required by the rules to be furnished are taxable. The making the answer is an incident to the appearance, and no statute…