Wheeler v. Calvert's Administrator

Smith, in his fiduciary capacity, as administrator of Theophilus Calvert, deceased, sued the appellants in the Court of Common Pleas, on a promissory note for $4 50. The- defendants appeared and admitted the cause of action, but claimed a judgment against the plaintiff for costs, on the ground that the judgment demanded against them was for a sum less than $50. The court overruled the motion, and rendered a judgment for the amount of the note and costs of suit against the defendants.

The only question in the case is, did the court err in taxing the costs against the defendants? We think the…