The retaining fee was properly taxed. This is in no sense a mere continuation of the cause below,, but a new suit.
Motion denied.
4 Cow. 402
The People, ex rel. Green, against The Judges of the C. P. of Oneida County.
Mandamus C. p. commanding them to vacate a rule is a now suit; fondant*succoeding, they retaining fee taxed against the relator.
An alternative mandamus issued to the defendants, commanding them to set aside a rule made by the Oneida Common Pleas. On their rotura, a peremptory mandamus , _ , , . . . _ was denied; and on taxing costs, the commissioner allowed retaining fee against the relator.
A motion was now made to retax the bill, on the ground ^Iat this and other items in the bill were improper.
R. N. Morrison, for the motion.
T. E. Clark, contra.
People ex rel. Green v. Judges of the C. P.
4 Cow. 402
Case Details
4 Cow. 402
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