Fellows v. Lane

Morgan, Co. J.

The defendant having been held by two justices as the putative father of a bastard child, appealed to this court, where the order of the justices was affirmed and costs were awarded to the plaintiff, pursuant to section 873 of the Criminal Code. The plaintiff thereupon makes this application to the court to adjust and fix the amount of the costs. The defendant objects that the costs should not be taxed by the court but by the clerk. I think the objection is . well taken. The only case to which my attention has been called is Superintendent, &c., agt. Moore (12 Wend., 273), in…