Wheeler v. Ruckman

The taxation made by the clerk, as corrected by the order appealed from, (which corrections were in the appellant’s favor,) was affirmed on the argument in all respects, except as to the disallowance of the charges at folio 7 for witness fees, the correctness of which disallowance was the only matter reserved for consideration.

On such affirmance, at the argument, the court held, among other things, that there were two separate actions, the one commenced in 1855, which resulted in a dismissal of the complaint; the other commenced (after such dismissal) in December, 1857, or January, 1858,…