Zelmanovitz v. Manhattan Railroad

Under the former Code of Procedure, allowing the taxation of only such disbursements as were “necessary.” It was generally held that the expense of a copy of the stenographer’s minutes of a former trial, procured for use upon the second *406trial, could not be taxed, Hamilton v. Butler, 30 How. Pr. 36, Robertson, J.; Id. 19 Abb. Pr. 446, although it was subsequentl y determined that it might be, Flood v. Moore, 2 Abb. N. C. 91, Westbrook, J. In the first case it was said that they were “very useful,” but not a necessary disbursement. In the second case it was said that the allowance of the…