Stitt v. Rowley

This is a motion for a retaxation of costs, and that the clerk allow the defendants $20 before argument, and $40 for argument on a motion for a new trial at a special term upon a case.

The conflicting decisions, prior to the amendment of § 307, sub. 5, in 1862, except the case of Jackett agt. Judd, (18 How., 385) give no aid in deciding the question under consideration, since the allowance, whether given or rejected, had no relation to the ground on which it is here claimed. In Jackett agt. Judd, the construction given % 307, corresponds exactly, with the subsequent amendment; but Justice…