Barson v. Mulligan

In an action of ejectment there have been three trials, and this motion for a retaxation brings up the question whether the clerk was right in taxing, as he did, the costs and disbursements of the first appeal to the Appellate Division. The course of the litigation has been as follows: Upon the first trial a verdict was directed for the plaintiffs,' but upon appeal to the Appellate Division the judgment entered thereon was reversed, “ with costs to the appellants to abide the event.” 66 App. Div. 486. The costs thus awarded are the ones in controversy. At the second trial a verdict was again…