New York Supreme Court August 7, 1849 (Savage v. Darrow)

Harris, Justice.

The motion for costs is founded upon the 6th subdivision of the 307th section of the code. It is supposed by the defend*75ant’s counsel that the costs specified in that subdivision are recoverable upon appeals in the cases mentioned in section 349, and in such cases only. If this were so, I do not perceive why the defendant would not be entitled to the costs he demands.