Veriscope Co. v. Brady

The demurrer herein was to a part of the answer, and was duly sustained with costs, to be taxed by the clerk. When these costs came on for taxation the clerk, on objection of defendant, taxed fifteen dollars costs after notice of trial. From an order disallowing said item this appeal is taken.

I am of opinion that the order is wrong and should be reversed. There are authorities to the effect that the costs in this court, upon the determination of an issue of law, cannot exceed the sum of twenty dollars, but I consider them disproved by the recent case of Garrett v. Wood, 23 Misc. Rep. 7. It…