
    Plumb ads. Lyman.
    Whenapártyis entitled only to C. P. costs, he cannot, charge the defendant withS. C. costs for services rendered necessary by a case or other incidental proceeding, .
    Motion for relaxation of costs. The plaintiff recovered a verdict in a cause in which he was entitled to only common pleas costs; and in making up his bill, he charged supreme court costs for services incidental to a case made by the defendant for-a new trial, making a difference of about $20"in the amount. ■ The notice of taxation was defective, the day of taxation being left in blank.
   By the Coiirt,

'Woodworth, J.

The plaintiff being entitled only to'common pleas costs, has no right to tax the defendant with supreme court costs in consequence of a case made, or other incidental services in the progress of the suit. The same rate of charging must be preserved throughout. The costs having been taxed on á defective notice, a retaxation is ordered at the expense of the plaintiff, and the motion is granted, with cbsts.  