New York Supreme Court March 15, 1877 (Sutphen v. Lash)

Daniels, J.:

On tbe adjustment of tbe costs, tbe plaintiff objected tbat a trial fee sbould not be included in tbe amount. But, as it appeared tbat tbe complaint was dismissed on proof of service of a notice of trial at tbe circuit, tbat objection was properly overruled. (Dodd v. Curry, 4 How., 123; Tillspaugh v. Dick, 8 id., 33; Shannon v. Brower, 2 Abb., 377.