
    Elson v. The New York Equitable Insurance Co.
    Where the defendant appears in the cause, though he omit to answer, he is entitled to notice of the adjustment of the costs; and a judgment entered without such notice, is irregular.
    Aug. 1st, 1849.
    Motion to set aside a judgment entered by default. The defendant served notice of his appearance, with an order extending the time to answer. The latter being irregularly served, was disregarded, and the plaintiff immediately entered judgment, without giving any notice of the adjustment of the costs.
   Duer, J. (The Chief Justice concurring.)

Notice of the adjustment of the costs must be served in all cases where, the defendant has given notice of his appearance in the action. (Amended Code, § 311, 414.) The statute requires this, and the court cannot dispense with it. The former mode of taxing costs without notice, and then giving notice of re-taxing, is no longer possible, for the judgment itself is irregular, if notice be omitted after the defendant appears in the action. The judgment must be vacated.  