Nelson v. Canadian Industrial Alcohol Co.

Reinhardt, J.,

delivering the opinion of the Court:

The plaintiffs in the above stated cause applied for a *115special jury, which heard the case and a verdict was rendered in favor of the plaintiffs on the 13th day of April, 1935. On May 2d, 1935, the plaintiffs moved that the expenses occasioned by the trial of the cause by such special jury be taxed as part of the costs of the case. The defendant opposes this motion and urges that it comes too late, the motion having been filed 19 days after the date of the verdict.

The Statute provides that costs of a special jury shall not be allowed to the…