Klinck v. Kelly , 15 Abb. Pr. 135 ( 1873 )

Fancher, J.

Where a sheriff succeeds in Ms de- . fense, he is entitled to “ double” costs, including disbursements ; that is, to the adjusted bill of costs and disbursements, fifty per cent, more must be added. The statute as to double costs is not affected by the Code.

Subdivision 7 of section 307 of the Code allows but • five term fees, and no more. All above that number must be stricken from' the bill.