Cardozo v. Sociedade Portugueza de Santo Antonio Beneficente de Hawaii

OPINION OP THE COURT BY

BALDOU, J.

Plaintiff brought an action of assumpsit, during the course of which a commission issued at the instance of the defendant to take testimony in the Azores. Accompanying the return of the commission wuis the commissioner’s bill for costs, made up of commissioner’s fees, services of stenographer and typewriter and services of interpreter, amounting in all to $91.50. This amount the defendant paid to the clerk of court who remitted it to the commissioner. Defendant having prevailed in the action presented a bill for costs including this item, but before ruling…