
    WILLIAM M. KEELER, Appellant, v. BARRETT’S PALMER & HEAL DYEING ESTABLISHMENT, Respondent.
    
      Separate appeal from order denying motion for new trial made under § 999 Code—costs on.
    
    Before Sedgwick, Ch. J., Freedman and O’Gorman, JJ.
    
      Decided May 18, 1887.
    Appeal from order directing re-taxation of costs of respondent upon affirmance by the general term of an order denying motion for new trial on judge’s minutes.
    The issues in the action were duly tried before the court and a jury, and a verdict was rendered for defendant ; plaintiff then made a motion for a new trial on the minutes, which was denied; subsequently plaintiff took an appeal from the judgment which was entered on the verdict, and such appeal was heard by the general term, and the judgment affirmed. Thereafter an order was entered by plaintiff denying the motion for a new trial, upon the judge’s minutes, and a separate appeal taken therefrom to the general term, which affirmed the order with costs.
    The clerk refused to tax the bill of costs as presented by defendant and respondent, and allowed only $10 motion costs, on the ground that no case had been made on the original motion under § 3251, subd. 3, of the Code of Civil Procedure. Defendant claimed the right to his bill of costs as proposed, under § 3251 Code, subd. 4.
    
      S. F. Kneeland, for appellant.
    
      Taylor & Ferris, for respondent.
   Per Curiam :

Order affirmed, with $10 costs.  