Hayes against Bayley

Hayes against Bayley. In assump sit, and judgment for the plaintiff, on the report of referees, for less than $250, the costs of opposing the motion to.set aside the reference upon the merits, like other costs in the causo, must be taxed at the common pleas rate only. They are the costs of an ordinary proceeding in the cause, and properly included in the final bill. In assumpsit, the cause was referred; and the referees reported in favor of the plaintiff, $52 52. The attorney for the defendant being dissatisfied with- the report, moved to set it aside upon the merits, and the cause was placed upon the calendar, noticed for argument at several terms, brought to a hearing, the motion denied, and judgment rendered for the plaintiff upon the report. The plaintiff’s attorney noticed the costs for taxation, charging Common Pleas costs for all services, &c. except those which related to opposing the motion to set aside the report, for which he charged at the rate of Supreme Court costs, and the commissioner taxed them accordingly. A motion' was now made, in behalf of the defendant, for a re-taxation, upon this ground. B. Whiting, for the motion. D. Beecher & J. A. Spencer, contra. [MAJORITY — Curia.] Curia. The whole of these proceedings, upon the mo • tion, were in the ordinary course of the cause, and properly included in the final bill, among the general costs, like the expenses of the reference and the other usual expenses in the course of the suit. They all, therefore, stand on the same footing as to the rate at which they should be taxed. The whole must be reduced to Common Pleas costs. Motion granted.