ERRATA. In Westover agt. The Etna Life Insurance Company (ante, p. 193), in thirteenth line from bottom of page, after the word "to" insert the words an action could make." In Ward agt. Comeygs et al. (ante, p. 429), in first line from top of page, after the word "reply" strike out "set up to the" and insert the words "to an." HOWARD'S PRACTICE REPORTS, NEW YORK. NEW SERIES. SUPREME COURT. JOHN OLMSTEAD agt. MARY L. KEYES, HELEN M. - Costs-Who liable for, in case of transfer, &c., of cause of action · -Code of Procedure, section 321- Code of Civil Procedure, sections 5247, 3352. Under section 321 of the Code of Procedure, one taking an assignment or becoming in any manner possessed of a cause of action after suit brought thereon is liable for all the costs of the action "the same as if he were a party," as well those accruing before as after the assignment. Section 3247 of the Code of Civil Procedure took effect September 1, 1880, and at that date section 321 of the old Code was repealed, but section 3352 of the Code of Civil Procedure protects all rights lawfully accrued or established previous to the repeal of section 321. Where the right to the costs claimed had become fixed and established by judgment, and the interest of the person, in the cause of action had been acquired prior to the repeal of section 321, his liability for the costs still continues. Under the second subdivision of section 3247, it being the same as section 321 of the Code of Procedure, a person becoming in any manner possessed of a cause of action after suit brought thereon is liable for all the costs of the action "the same as if he were a party," as well those accruing before as after he became so possessed. Fifth Department, General Term, April, 1885. Before BARKER, HAIGHT, BRADLEY and LEWIS, JJ. APPEAL from an order of the Monroe Special Term denying the motion of Mary L. Keyes to compel Lemuel W. Bignall to pay her the costs, etc. VOL. II 1 Olmstead agt. Keyes. Richard C. Steel, for Mary L. Keyes. Louis Marshall, for Lemuel W. Bignall. HAIGHT, J.-The plaintiff as trustee collected the sum of $1,811 upon a life policy of insurance issued upon the life of Lester V. Keyes. This money was claimed by the defendant Helen M. Vosburgh and others, children of the deceased by his first wife; and also by the defendant Mary L. Keyes, his widow. This action was brought to determine their conflicting claims. It was tried at the Cayuga special term and resulting in a judgment in which the defendant, Mary L. Keyes, was awarded the money in question and costs against the other defendants. Appeals were subsequently taken from the judg ment upon the part of the defendants, Helen M. Vosburgh and others, children of the first wife, to the general term and court of appeals, and the judgment was in each court affirmed, with costs. Motion was then made upon the part of Mary L. Keyes to compel Lemuel W. Bignall to pay her the costs allowed her upon the entry of the judgment of the special term, fifty-six dollars and seventy-five cents, and also the costs allowed her in the general term upon the affirmance of the judgment, seventyeight dollars and ninety-four cents, upon the ground that Lemuel W. Bignall, after the entry of judgment and before appeal was taken, purchased the interests of the children by the first wife of the deceased and took an assignment thereof and then prosecuted the appeal in their names. The motion was denied, and from the order entered thereon this appeal was taken. The first question which it becomes necessary to determine is, whether or not Bignall did in fact purchase the claim of Helen M. Vosburgh and others, children by the first wife? The papers read upon the motion disclose the following facts: Charles M. Baker's affidavit states that he was the attorney |