Decker v. . Gardiner

Ruggles, Ch. J.,

read an opinion in favor of affirming the judgment as to the part of the costs given under section 307 of the code upon the ground stated by Sanford J. in Comstock v. Bayard (2 Sand. S. C. Rep. 705), and as to the allowance of one hundred dollars on the ground that it was the exercise of a discretionary power given the court below with which this court could not interfere.

Gardiner, Jewett, Johnson, Morse and Mason, JJ., concurred'in this opinion.