Van Rensselaer against Hamilton and others

Van Rensselaer against Hamilton and others. prius taxed Nisi record as costs of the circuit, though the cause was noticed, and carried down at a previous circuit. Plaintiff allowed per folio, for engrossing notice of special matter on the But not allowed for notice of inquest, after affidavit of merits filed. N. P record. This cause had been put off at the Circuit, on motion of the defendants on the usual terms of paying the costs of the Circuit; and, the costs having been taxed, on motion for re-taxation, the following items were held to be properly allowed as a part of those costs : Dr. nisi prius record,fol. 4 and engrossing, $1 26 Enrolling pleadings thereon, fol. 225 at Is. 28 12 These were allowed, although the cause had once been carried down at a previous Circuit, when a nisi prius record was prepared. The plaintiff was also allowed per folio for engrossing the defendants’ notice of special matter in their defence, upon' the nisi prius record. [MAJORITY] But the Court refused to allow a charge for the notice of inquest, because there had once before been a notice of inquest, and an affidavit of merits was then filed; and they held that this extended to the cause throughout, so that afterwards, a notice of inquest was not proper; but only a notice of trial. J. A. Dunlap, for the motion. E. Williams, contra.