
    August Schwemmer, Resp’t, v. Peter Stratton, App’lt.
    
      (Supreme Court, General Term, Third Department,
    
    
      Filed December 8, 1892.)
    
    Appeal—City court op Albany—Costs.
    The attorney’s fee allowed to the prevailing party in actions tried in the city court of Albany by chap. 439, Laws 1881, are a part of the costs which must be paid before an appeal can be taken. |
    Appeal from order of the county court of Albany county, denying motion to dismiss an appeal from the city court of Albany made on the ground that the attorney’s fee included in the judgment had not been paid as part of the costs. Plaintiff brought an action in the city court to recover for work alleged to have been done and material alleged to have been furnished to defendant.
    On the trial judgment was rendered for defendant for twenty-five cents costs and five dollars attorney’s fee. Plaintiff appealed from the judgment to the county court, and paid the twenty-five cents, but did not pay the attorney’s fee, claiming that it was no part of the costs. Defendant moved to dismiss the appeal on the ground that the costs had not been paid, which motion was denied.
    
      Stedman, Thompson & Andrews, for app’lt; J. W. Ecker, for resp’t.
   Order reversed, with ten dollars costs, printing and other disbursements, and motion granted, with costs.

Mayham, P. J., Putnam and Herrick, JJ., concur.  