Hamlin v. Hart — 4 Cow. 396

Majority

p. 396

Hamlin against Hart.

Headnote

The plaintiff can in no case have costs in fyS brought^n the supreme court, in an action of aseumpsit, unless he recover more than

He cannot have costs, tho’ tho^accountsof exceed $400.

him in such caso to costs, in the common pleas'

Assumpsit. On a reference, the report was in favor of ' • - the plaintiff $22, the accounts of both parties exceeding t'^OO. And upon-this, the question was whether the plain.tiff should have costs, or whether he should pay costs-to , 'the defendant,

A. Sampson, for the plaintif f,

F. M. Haight, for the defendant.

The plaintiff must pay costs to the defendant, It is true, the suit could not he brought in a Justice’s Court, the whole accounts of both sides exceeding $400. But the plaintiff, in order to recover costs, must have have sued in the Common Pleas. Ill assumpsit, the plaintiff can m no case have costs in the Supreme Court in a suit originally brought there, unless he recovers more than $50 damages.

Rule accordingly.^[1]

(a) (a) See 1 R. L. 344, s. 4, 5, and sess. 47, ch. 238, s. 1, 33.