
    Tae Troy City Bank vs. Gurdon Grant et. al.
    Where a verdict for plaintiffs for less than $250 was stayed on a bill of exceptions by the defendants until the interest carried the amount over $250 at the final determination of the suit in favor of plaintiffs, and,the taxing officer allowed full supreme court costs for attorney and counsel fees under the act of 1840; a retaxation was ordered and one third of the amount directed to he deducted. Interest is no part of the recovery for damages ; it must he taxed as costs, when allowed after verdict.
    
      Motion by defendants for retaxation of costs.—This was an action of assumpsit. The cause was tried in November, 1843, and a verdict rendered for plaintiff for $233'60. The defendants stayed plaintiffs’ proceedings and made a bill of exceptions, which was argued at the last October term, and at the last January term was decided against the defendants. The plaintiffs then made out their costs and procured the same to be taxed. At the time of the taxation, the plaintiffs demand for which the verdict was rendered with interest exceeded two hundred and fifty dollars; and the taxing officer allowed full supreme court costs for attorney and counsel fees. Defendants now move for retaxation on the ground that full supreme court costs should not have been allowed.
    J. D. Willard, Lefts Counsel.
    
    Willard, Raymond & Woodbury, Lefts Jltty.
    
    N. Hill, jr., Plffs Counsel.
    
    David Buel, jr., Plffs Jltty.
    
   Bronson, Chief Justice.

One third the amount of attorney and counsel fees as taxed must be deducted. We have always held that the “ recovery” within the meaning of the act regulating costs, is the recovery for damages. If the plaintiff gets interest on his verdict, it is by taxation as costs. The verdict must govern, nnd the circumstance that proceedings have been stayed by case or bill of exceptions makes no difference.

Rule, deducting one-third attorney and counsel fee.  