Colwell v. Devlin

The District Court justice made an order opening the judgment herein, under section 1367 of the Consolidation Act as amended by chapter 748 of the Laws of 1896, which also provides that from such an order “ an appeal shall lie as from a judgment.” Under the last-mentioned provision the plaintiff appealed to this court, which reversed the order, with costs.. The plaintiff taxed his costs, and entered judgment therefor. Upon the taxation before the clerk the defendant objected solely to the item of “ $30 costs on reversal by Appellate Term,” on the ground that $10 motion costs only were taxable.