Adams v. Ward

This is a motion made to set aside or review taxation of costs. When the demurrer was decided, costs *289were awarded to the plaintiff. That was proper, though an issue of fact was left to be determined upon a trial (Sec. 3232 of Code of Civil Procedure; 76 N. Y., 314, Cambridge Valley R. R. agt. Lynch, decided in- 4th dept. and affirmed). That exercise of discretion cannot be reviewed upon this motion (Siemens agt. Veriane, 2 Lansing, 92; 14 Hun, 477, op. Hardin, J.).

The items for copies of documents “cannot be allowed without an affidavit that it or they were actually and necessarily used or…