Sanders v. Marcelious

Citations

• 6 Paige Ch. 162

Syllabus

<p>Where a motion to discharge a ne exeat was granted with costs, but before such costs were made out the complainants stipulated to dismiss their bill with costs to the adverse parties ; Held that the costs upon the motion should be taxed with the general costs in the cause, and that the defendants’ solicitor was not entitled to the extra expense of making out and taxing two separate bills of costs.</p> <p>The solicitor of the guardian ad litem of an infant is not entitled to charge for a copy of the order appointing the guardian, to be served on the adverse party. The service of a notice of such appointment is all that is necessary.</p> <p>A petition for the appointment of a guardian ad litem for an infant need not, if properly drawn, contain more than two or three folios, including the jurat; and where the solicitor charged and the taxing officer allowed 18 folios therefor, it was held to be extortionate and oppressive.</p> <p>Where several subjects are embraced in the same notice the solicitor is not entitled to charge for drawing and serving more than one notice.</p> <p>Where a suit is discontinued before the putting in and service of an answer, if the defendants’ solicitor on taxation claims an allowance for drawing and preparing copies of the answer, he must, in addition to his affidavit that the draft of the answer was prepared and copies thereof made before he had notice of the discontinuance of the suit, produce such answer before the taxing officer for the inspection of the adverse party.</p>