
    COURT OF APPEALS.
    Wolfe and others vs. Van Nostrand.
    An additional allowance pursuant to § 308 of the code, cannot be made by this court. It is confined to the court of original jurisdiction, and in reference to the trial in that court.
    
      January 15, 1850.
    Wolfe and others brought ejectment in the Superior Court of the city of Hew York, where judgment passed for the defendant. The plaintiff then brought a writ of error to this court, after July 1, 1848, and in September last the judgment was affirmed.
    S. Stevens, for the defendant in error, now moved for an additional allowance, pursuant to the 308th section of the code. He said a writ of error was a new suit, and there has been a trial in this court within the definition of a trial as given by the code. He cited sections 8, 252, 308 and 809.
    
    W. Kent, for plaintiff in error.
    
   Bronson, Ch. J.

We think an additional allowance, beyond the costs given by the 307th section of the code, can only be made by the court of original jurisdiction, and in reference to the trial in that court.

Motion denied.  