Boughton v. Phillips

Citations

• 6 Paige Ch. 433
• 1837 N.Y. LEXIS 267
• 1837 N.Y. Misc. LEXIS 60

Syllabus

<p>The usual application for costs by the defendant, on a hill of discovery, after he has fully answered the bill, is not a hearing of the cause upon the merits within the moaning of the fee bill, but is a mere motion. The defendant therefore, upon taxation, is only entitled to' costs 4s upon a special motion, and not to costs as upon a hearing of the cause upon the merits.</p>