
    SUPREME COURT.
    Maddeline W. Edleson agt. Joseph W. Duryee.
    
      Costs — not allowed in ex pa/rte order.
    
    Costs should not he' allowed in an ex pa/rte order directing defendant to file his answer.
    
      First Department, General Term, July, 1880.
    Appeal from order sustaining allowance of costs in an ex pa/rte order directing the defendant to file his answer within five days, or, in default, that it be deemed abandoned.
    
      Carlisle Norwood,, for appellant.
    
      Ernest T. Fellowes, for respondent.
   Per Curiam. —

The appellant is right in his contention. The order to file the answer was ex parte and costs should not have been allowed (Bowne agt. Armstrong, 13 How., 301). Besides it was a judge’s order (See Brevoort agt. Warner, 8 How., 321). A party might as well insert motion costs in an order of arrest or for time to answer. The order should be reversed, with ten dollars costs and disbursements of the appeal.  