Banas v. New York Telephone Co.

Defendant moves to strike out the item of twenty dollars from plaintiff’s proposed bill of costs, the item being for making and serving amendments to the case. Defendant’s objections to allowance of the item are that the amendments are not material, but are trivial.

Counsel for the plaintiff argued that the appellant, if successful, is entitled to tax twenty dollars for preparing the case and that likewise the respondent, if successful, should be entitled to the same costs for work in examining the proposed record, provided proposed amendments are offered in the usual formal way.

Examination of…