Traktman v. Irl Cab Co.

The plaintiff moves for retaxation of a bill of costs taxed by the defendant as a successful appellant upon an appeal from an order which granted a new trial after a verdict had been rendered in favor of the defendant. It is plaintiff’s contention that as respondent on the appeal under subdivision 1 of section 1491 of the Civil Practice Act he should be entitled to costs. Plaintiff did attempt to tax a bill of costs before the Clerk who taxed the defendant’s bill over the plaintiff’s objection. The said statute is titled and reads in part as follows :

‘1 § 1491. Costs upon appeal from…