Penfield v. City of New York

The plaintiff demurred to the separate defense set up in the answer and the demurrer ivas sustained, with costs. Upon the taxation of the-costs the clerk disallowed, among others, the item “ costs before notice of trial,” which is the only one the plaintiff seeks to review. In Jones v. Butler, 82 Hun, 91, the plaintiff demurred to certain para*40graphs in the answer. The demurrer was sustained, with leave to amend, and it was held that the judgment entered was simply interlocutory and not final, and that in the taxation of costs the plaintiff was improperly allowed the item for proceedings…