People ex rel. Shelton v. Gower , 44 How. Pr. 26 ( 1872 )

Cakdozo, J.

I think the amendment of the Code in 1862 controls the act of 1854, and that the costs should be retaxed accordingly, except that as the section of the Code only relates to the costs after the issue, the provision does not destroy the right to the disbursements in the court below.

Ordered accordingly.