Townsend vs. Babcock. Where papers in opposition to a motion are unnecessarily voluminous, costs will not be allowed, though the motion be denied. In this case, a motion for re-taxation of costs was denied without costs, and costs were refused, solely on the ground that the papers in opposition to the motion were unnecessarily voluminous. The judge observed that the court would pass upon the question, and not leave it to the taxing officer to determine what facts were necessarily stated.