Clowes v. Watt

The plaintiff recovered a judgment after trial, from which the defendant appealed. The judgment was reversed by the Appellate Term and a new trial ordered, with costs to the appellant to abide the event. The case has not yet been tried again.

The defendant thereupon sought to enter and file a bill of disbursements in his favor, amounting to forty-two dollars, for the cost of the stenographer’s minutes, the cost of premium on a bond to stay execution, and fees paid to the clerk for filing the notice of appeal and for prospective fees to the marshal. The clerk refused to enter and file these…