Majority
p. 234JAMES G. POWERS and another, Appellants, v. ANTON GROSS, Respondent.
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.
p. 235
Estes <& Barnard, for appellants. J. J. Perry, for respondent.
Opinion by
Brady and. Daniels, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.