Powers v. Gross

Headnote

Costs — Code, §§ 30Aa/nd 305.

Where, upon the trial of an action brought to recover damages for the wrongful conversion of personal property, alleged in the complaint to be worth $500, evidence is given tending to show that it was worth more than $400, but the jury bring in a verdict in favor of the plaintiff for thirty-five dollars only, held, that the defendant is entitled to recover costs.

Seaman v. Gleckner (10 S. C. [3 Hun], 119) followed.

Appeal from an order made at the Special Term, denying a motion to readjust costs, and to set aside the taxation of costs by the clerk in the defendant’s favor.