Tax

Charles Meads & Company, Respondent, v. The City of New York, Appellant

183 A.D. 947·New York Supreme Court, Appellate Division·1918·NY

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Opinion

Charles Meads & Company, Respondent, v. The City of New York, Appellant. Bach of the parties procured at its own expense a copy of the stenographer’s minutes for its own use at the trial. It is plain that the justice did not “ require ” the plaintiff’s copy, for, so far as appears, he never asked for it and never used it. Under these circumstances, section 251 of the Code of Civil Procedure did not authorize the court to compel defendant to pay hah the stenographer’s fees paid by plaintiff, by the indirect method of requiring them to be taxed as a disbursement in plaintiff’s bill of costs. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. [MAJORITY] Jenks, P. J., Thomas, Rich, Putnam and Blackmar, JJ., concurred.