
    Decker against Gardner.
    
      Costs; extra allowance.
    
   This court affirmed the judgment; holding, that the defendant Gardner was entitled to costs, as a matter of right, under section 305 of the Code.

That the extra allowance was a matter of discretion, both as to the propriety of making any allowance and as to the amount, within the limits prescribed in the statute, and therefore not subject to review on appeal.

That it was not necessary for the record to show that the case was adjudged to have been difficult or extraordinary, or that the prosecution had been unreasonably conducted, because the allowance by a court of general jurisdiction was evidence of itself, until the contrary should be shown, that a case existed requiring it to be made; and that, if the facts were spread out upon the record, this court would not review them to determine whether the court below had or had not properly exercised its discretion.

(S. C., 8 N. Y., 29.)  