John Magoohan vs. Thomas C. Curran, Administrator

John Magoohan vs. Thomas C. Curran, Administrator. Supreme Court, New Haven, June 7th, 1899. Appeal by the plaintiff from the taxation of costs made by the clerk of the Supreme Court of Errors in New Haven County. The plaintiff sued for $3,500, which he claimed to be the balance due him for services rendered; the jury awarded him $160, and from the judgment on this verdict he appealed to the Supreme Court of Errors, which refused to grant a new trial. See ante, p. 551. In taxing costs the plaintiff claimed that under § 833 of the General Statutes and Chapter 176 of the Public Acts of 1897, p. 874, he was entitled to have the record fee of $25 in the Supreme Court of Errors taxed in his favor and against the defendant. The assistant clerk, Mr. Gallagher, ruled otherwise, and the plaintiff appealed. Charles 8. Hamilton, for the plaintiff. Levi N. Blydenburgh, for the defendant. [MAJORITY — By the Court.] By the Court. The course pursued by the assistant clerk in taxing the record fee was correct.