Bernhard v. Kapp

In this ease a motion was made by plaintiff’s attorney for judgment on a frivolous demurrer interposed by the defendant. Argument was heard thereon, and an order made overruling said demurrer with costs, with leave to plaintiff to answer, &c.

The question now is, what costs are properly taxable on said order.

This motion was made under ' section 247 of the Code of Procedure, and as the question raised is one that has been controverted, the weight of authority must govern the decision of the point at issue.

It was held in Pratt v. Allen (19 How. Pr., 450), by the general term of the superior…