Emmons v. Cairns

4 Sarat. Ch. Sent. 66, 1844 N.Y. LEXIS 397

Opinion

Decided that where a party waives an affidavit of verification to a bill of costs, he cannot object, on taxation, that charged for have not bean performed, without producing to the taxing officer some evidence tending to show that fact.— And that it is not sufficient for such party to produce such evidence, for the first time, upon appeal from the taxation.

Application for retaxation denied, with $10 costs.