
    PEOPLE v. KELLER.
    (Supreme Court, Special Term, Herkimer County.
    May, 1901.)
    Proceeding by the people of the state of New York against Elias Keller.
    P. H. McEvoy, for the People. Richard Hurley, for defendant.
   HISCOCK, J.

Defendant’s.motion for a re-taxation of plaintiff’s costs herein, striking out certain disbursements in excess of the amount of $25 taxed by him as costs, is granted with $10 costs of motion. Section 3256, Code, makes certain disbursements like those taxed by plaintiff herein part of the costs which a party may tax. Section 3228 provides that in an action like this, upon a recovery of any amount less than $50 (in this case $25), the successful party may not tax costs to exceed the amount recovered. The provisions together mean that he may; not tax all costs, including disbursements, in excess of the amount provided. Motion granted, with $10 costs.  