People ex rel. City of Lockport v. Board of Supervisors

In this case an alternative writ of mandamus was issued, followed by a return and pleadings to issue of fact, a trial at the circuit, and a final determination made in favor of the defendant, denying the peremptory writ, with costs. Thereupon costs were taxed by the clerk professedly according to the fee bill in the Revised Statutes, to which an addition of one-half thereof was made, upon the ground that the action was against a public officer. The learned justice who tried the cause gave a certificate stating “ that upon the trial of this cause it appeared as a fact that this action was…