An attachment ment”of-costs ordered by rule, will not be granted, unthebm of costs be served at the time of the demand.
This was a motion for attachment for non-payment of costs ordered by rule of court. A certified copy of the rule and taxed bill were shewn to the person against whom the * ° attachment was asked, and payment demanded, but a copy bill of costs was not delivered to him ; which was now urged in opposition to the motion. rr
Root, for the motion.
J. Jl. Spencer, contra.
By the Court,
The objection is well taken. There is a diversity of practice in this particular; in some instances a copy of -the taxed bill is served, in others, not. For the future, the court will require that a copy of the bill of costs be served at the time the original is shewn and payment demanded. The motion is denied.
1 Wend. 94
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