Van Alstyne v. Richmond , 5 Hill & Den. 556 ( 1843 )

By the Court, Cowen, J.

The provisions of the statute concerning fees for attorney and counsel on the argument of special motions, (Sess. L. of ’40, p. 327, 330,) have no application to motions at the circuit. They are confined to non-enumerated motions. These words comprehend such motions only as are made at bar, out of the order of the calendar. The commissioner erred in allowing the items mentioned; and the motion to re-tax is therefore granted.

Ordered accordingly.