Brainerd v. DeGraef

This motion, involves the right of the plaintiff to tax costs upon a favorable report of a referee appointed under section 2718, Oode of Civil Procedure, to determine a disputed claim against the estate of Henry P. DeGraef, deceased. As is usual in such cases, there were no pleadings. The referee filed his decision on July 27, 1899, directing judgment in favor of the plaintiff, but made no mention of costs. On September first he made a certificate that the claim had been presented to the executors within the time limited by a notice published as prescribed by law requiring creditors to…