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Smith against Birdsall

New York Supreme Court of Judicature1812-10
9 Johns. 328

Authorities cited

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Opinion

majority opinion

Per Curiam.

The above charges are reasonable and just, and no more than an indemnity. The defendant appears to have been in contempt, and, consequently, liable to the costs and expenses of the attachment. The habeas corpus act allows 12 1-2 cetns a mile, for bringing up a person, and the charges, also, for taking him back, if remanded~ Where the Jaw is silent as to charges for particular services, the court, if they allow any thing, must allow what is reasonable.

, Judgment for the plaintiff.