Hurwitz v. Lakson

CARR, J. (Riley, J., and Tomasello, J.)

The plaintiff is before us on an appeal involving $21.80. The action is in contract, and there was a finding for the plaintiff. On appeal to the Appellate Division the finding was set aside and a new trial ordered. The plaintiff thereupon discontinued and the clerk assessed costs to the defendant. These included witness fees for the defendant which are the subject of this controversy. The plaintiff appealed from the clerk’s assessment to a judge. A hearing was had and requests for rulings were filed by the plaintiff. The judge denied the requests and…