THE E. LUCKENBACK.1
District Court, E. D. New York.
January 19, 1884.
STENOGRAPHER'S FEES ON TRIAL—WHEN TAXED.
A direction made in open court that the testimony given in court be taken down by a stenographer is sufficient to entitle the stenographer's fees to be taxed by the successful party.
Appeal from Taxation of Costs.
Goodrich, Deady & Platt, for the motion.
Butler, Stillman & Hubbard, opposed.
BENEDICT, J. The judge's notes of the trial of this cause contain the memorandum, “stenographer takes notes.” This memorandum indicates a direction given at the time that the testimony given in court be taken down by a stenographer. A direction to that effect made in open court is sufficient. It was unnecessary to enter a: formal order. The sum paid stenographer was therefore for services rendered in pursuance of a direction of the court, and, like the expenses of printing, (Dennis v. Eddy, 12 Blatchf. 195,) is taxable by the successful party.
1[Reported by R. D. & Wyllys Benedict, of the New York bar.]
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