McClure v. Supervisors of Niagara County

Davies, Ch. J.

In the supreme court the plaintiff recovered judgment against the defendants, and the costs were adjusted By the clerk at the sum of $206.77. The defendants appealed therefrom to the special term, where such allowance and adjustment were affirmed, and that *203order was affirmed at the general term. From this order the defendants appeal to this court.

The defendants claim that the plaintiff is not entitled to costs, "by reason of the provisions of section 2 of chapter 262 of the laws of 1859. That section declares, that “no costs, fees, disbursements, or allowance shall be recovered…