Garrett v. Wood

The plaintiff has procured an interlocutory judgment sustaining her demurrer to the second and third defenses contained in the answer, with costs. In the taxation the clerk has allowed to the plaintiff costs before notice of trial, $25, costs after notice, and before trial, $15, trial fee issue of law, $20, and term fee for September, 1897, $10, besides costs upon appeal to the Appellate Division. The defendant now moves for retaxation, and objects to all the items except the trial fee and costs of appeal.

Where an issue of law and an issue of fact are joined between the ‘same parties to the…