
    SUPREME COURT.
    Noxon agt. Bentley.
    COSTS.
    On'.puttiñg'oíE a cause at the circuit only ten dollars, besides witnesses’ fees ’• ‘can be imposed/ 7 r ' >*'
    
    
      Saratoga Special Term, June 1852.
    This cause was put over the term on payment of costs, and the plaintiff’s counsel insisted ..that-the plaintiff was entitled to $17, besides the fees of witnesses, within, the rule .laid down in Mitchell agt. Westervelt (6 How. Pr. R. 265).'
    W. Gleason, for Plaintiff.
    
    J. 0. Mott, for Defendant.
    
   Hand, Justice.

The costs on postponing a cause at the circuit, can not exceed $10, besides the fees of witnesses (Code, §314).

Mitchell agt. Westervelt, does not apply. In that case, the verdict rendered upon the trial, and the judgment, were set aside upon payment of the costs of the circuit, &c>

But in the case now before us, the costs are limited by statute to. ten dollars.  