Mann v. Tyler

Hand, Justice.

Allowances of extra costs must be made by the “ court,” and not by a justice at chambers (Code, § 308"). Perhaps there is no objection to entertaining the application at the time of the trial without a formal notice, if the same judge is then holding a special term. That, I suppose, is what Mr. Justice Parker intended to say in Van Rensselaer agt. Kidd (5 How. 242). But if not made then, notice should be given as in other cases. Rule 86 requires the application to be made to the court before which the trial is had or judgment rendered. But after judgment has been rendered in the…